FIG Congress 2022 Keynote: Land
Governance in support of the 2030 Global Agenda
Stig ENEMARK, Paula DIJKSTRA
This month we would like to share with
you a video recording of a keynote session of FIG Congress 2022
and the Article from Stig Enemark which he presented in this
keynote session.
In this recording that is offered to you in this "Video/Article of the Month
Series" Stig Enemark and Paula Dijkstra speak about Land
Governance in support of the 2030 Global Agenda.
The global sense of urgency and the pressure on land have
showed an increase of the relevance of surveying and
geo-information towards the achievement of the SDG's. Land
governance is about the policies, processes and institutions
by which land, property and natural resources are managed.
Therefore, land governance plays a key role in achieving the
SDGs where more than half of the goals are directly land
related. In this regard, the global surveying profession
holds an important position as the custodians of the people
to land relationship. This session will unfold the concept
of responsible land governance and the importance of
including all land, people and land rights at a countrywide
scale. Further, the session will align the concepts with the
2030 Agenda for Sustainable Development and how FIG supports
the SDGs. The agenda provides us a roadmap towards a more
sustainable world. Providing leadership as FIG, as
professional and as a citizen on the SDGs will be of great
added value. This session sets the scene how you can
actively contribute to volunteering for the future for our
profession, society and our planet at the same time.
With the publication of this keynote Session and his
article, we would also like to wish Stig Enemark a very
happy 80th Birthday,
which is coming up in February 2023!
Stig Enemark: Understanding the Role of Responsible Land
Governance and Secure Land Rights in Support of the 2030
Global Agenda
Land governance covers all activities associated with the
management of land and natural resources that are required
to fulfil political and social objectives and achieve
sustainable development. This relates specifically to the
legal and institutional frameworks for the land sector. The
operational component of the land management concept is the
range of land administration functions that include the
areas of land tenure, land value, land use, and land
development. These functions are essential to ensure control
and management of the people to land relationship and the
economic and social outcomes emerging from it. This
presentation analyses the global agenda in relation to the
land governance component and, thereby, provides an overall
understanding of the role of responsible land governance in
support of the SDGs and the wider global agenda. The
presentation emphasises the importance of providing secure
land rights at scale as a basis for developing an efficient
land market, effective land use management and, more
generally, economic development and social stability. It is
argued that the global land community has a key role to play
in this regard.
Paula Dijkstra: Taking Action to transform our world into a
more sustainable environment
The 2030 Agenda for Sustainable Development provides us the
road towards a sustainable world. We are now in the decade
of action. There is a sense of urgency. We are the
generation to end extreme poverty and to address climate
change, injustice and gender inequality. We all have to take
action, individually, collectively, locally and globally.
The global sense of urgency and the pressure on land have
showed an increase of the relevance of surveying and
geo-information towards the achievement of the SDG's.
Providing leadership as FIG, as professional and as a
citizen on the SDGs will be of great added value. This
session sets the scene how you can actively contribute to
volunteering for the future for our profession, society and
our planet at the same time.
Watch and be inspired by the keynote session here:
About the keynote speakers
Prof. Stig Enemark
- FIG Honorary President and Professor Emeritus of Land management
at Aalborg University Denmark
Stig holds a M.Sc. in Surveying, Planning, and Land Management
(1966) and worked as a licensed surveyor in private practice for 12
years. He joined Aalborg University 1982 and served as Head of
School of Surveying and Planning for 15 years. He is Past President
and Honorary Member of the Danish Association of Chartered
Surveyors. He is a well-known international expert and consultant in
the areas of land administration, land management and spatial
planning, and the related issues of education and capacity
development. He has published books, reports and more than 400
articles and conference papers, and he has undertaken a range of
land related consultancies in Eastern Europe, Asia, and Sub-Saharan
Africa.
Ms. Paula Dijkstra
- Director of Kadaster International / Chair Task Force n FIG and
the Sustainable Development Goals
As Director of Kadaster International Paula is responsible for
the coordination of Kadaster’s international activities and
international cooperation projects. Kadaster International provides
worldwide advisory services in the domain of land administration,
e-governance, geo-information services and SDI. Paula is working for
the international department since 2011. She obtained a Master
degree in Social Geography and a grade in cadastral data acquisition
and 3D modelling. In addition to the above Paula was co-conference
director for the e-Working Week of the International Federation of
Surveyors (FIG) hosted by the Netherlands and originally planned in
2020 (postponed to 2021 due to COVID-19). She is also chair of the
FIG taskforce on the Sustainable Development Goals, as well as
Working Group 7.2 on Fit For Purpose Land Administration
Implementation.
Land governance covers all activities associated with the management
of land and natural resources that are required to fulfil political and
social objectives and achieve sustainable development. This relates
specifically to the legal and institutional frameworks for the land
sector. The operational component of the land management concept is the
range of land administration functions that include the areas of land
tenure, land value, land use, and land development. These functions are
essential to ensure control and management of the people to land
relationship and the economic and social outcomes emerging from it.
This paper unfolds the concept of responsible land governance and
analyses the land governance components in relation to the global
agenda. The paper, thereby, provides an overall understanding of the
role of responsible land governance in support of the SDGs and the wider
global agenda. The paper emphasises the importance of providing secure
land rights at scale as a basis for developing efficient land markets,
effective land use management and, more generally, promoting economic
development and social stability.
Finally, the paper looks at the challenges ahead in relation to
implementing responsible and countrywide land governance
infrastructures. This relates to addressing the institutional issues in
terms of the country specific political economy and the various vested
interests apparent especially in developing countries. It is argued that
FIG and the global land community has a key role to play in this regard.
1. INTRODUCTION
Land governance and management covers all activities associated with
the management of land and natural resources that are required to fulfil
political and social objectives and achieve sustainable development.
This relates to policymaking and, more specifically, to the design of
the legal and institutional frameworks for the land sector. The
operational component of the land management concept is the range of
land administration functions that include the areas of land tenure,
land value, land use, and land development. All of these functions are
essential to ensure control and management of the people to land
relationship and the economic and social outcomes emerging from it.
Looking at the global agenda, it has changed over recent decades. In
the 1990s the focus was on sustainable development; in the 2000s the
Millennium Development Goals (MDGs) were adopted as the overarching
agenda; and in the early 2010s there was increasingly a focus on climate
change and related challenges such as natural disasters, food shortage
and environmental degradation. In 2015 the MDGs were replaced by the
Sustainable Development Goals (SDGs) (UN, 2015a) adopted by all the
world´s leaders and setting the scene towards 2030. This 2030 global
agenda is ambitious and calls for interventions at all levels of
government, the private sector and civil society. Land governance play a
key role in this regard in terms of setting the policies and the legal
and institutional framework for managing the rights, restrictions and
responsibilities in land facing the challenges of sustainable use of
land and natural resources.
This paper starts out by introducing the land governance components
organised in a hierarchy from land policies to the individual land
parcels. The hierarchy illustrates the complexity of organizing
policies, institutions, processes, and information for dealing with land
in society. This is followed by a presentation of the 2030 global agenda
with an identification of the land related goals and targets, how these
are monitored and assessed on an annual basis. The role of land
governance in support of the global agenda is then addressed within a
range of core areas. This is followed by identification and discussion
of some key challenges followed by some concluding remarks.
2. LAND GOVERNANCE
In general terms, land governance is about the policies, processes
and institutions by which land, property and natural resources are
managed (FIG/WB 2010). The term “land governance” is relatively new. It
was introduced by FAO and The World Bank in the early 2000s as an
extension of the concept of “land management” to also include the
important aspects of governance and the political economy of land. It
concerns the rules, processes and structures through which decisions are
made about access to land and its use and development, the way the
decisions are implemented and enforced, and the means through which
competing interests in land are managed (FAO, 2009).
The term “governance” represents the process of governing. It is
about the way in which society is managed and how the competing
priorities and interests of different groups are reconciled. It includes
the formal institutions of government, but also informal arrangements.
Good governance means that government is well managed, inclusive, and
results in desirable outcomes. This includes features such as
accountability, political stability, effectiveness, regulatory equity,
and rule of law and, of course, control of corruption.
The organisational structures for land governance and administration
differ widely between countries and regions throughout the world and
reflect the cultural and judicial setting of the country and
jurisdiction. Furthermore, the judicial and institutional arrangements
may change over time to better support implementation of land policies
and good land governance. A simple entry point for understanding the
land governance issues is presented below (adapted from Williamson et
al., 2010).
Land Governance is about the policies, processes, and
institutions by which land, property and natural resources are
managed.
Land Policy determines values, objectives, and the
legal framework for management of a society’s major asset, its land.
Land Management includes the management of land and
natural resources for achieving sustainable development.
Land Administration includes the core functions of land
tenure, land value, land use and land development in support of
efficient land markets and effective land use management.
Spatial Data Infrastructure provides access to and
interoperability of cadastral and other land related information on
the natural and built environment.
Cadastre provides the spatial integrity of every land
parcel. This parcel identification provides the link for securing
land rights and planning and control of the use of land.
Land Parcel is the key object for identification of
land rights and administration of land use restrictions. The land
parcel simply links the system with the people.
This hierarchy of land issues and their relationships illustrates the
complexity of organizing policies, institutions, processes, and
information for dealing with land in any society. However, it also
illustrates an orderly approach represented by the seven levels. This
conceptual understanding also provides an overall guidance for building,
maintaining, and improving land governance systems in any society, no
matter their level of development.
Land policies can be considered as integrated into land governance.
As stated by the World Bank: “Land policies are seen of fundamental
importance to sustainable growth, good governance, and the well-being of
and the economic opportunities open to rural and urban dwellers –
particularly the poor” (Deininger, 2003). A national land policy is the
set of aims and objectives determined by governments for dealing with
land issues. Land policy is part of the national policy on promoting
objectives, such as economic development, social justice and equity, and
political stability. Land policies vary, but in most countries, they
include poverty reduction, sustainable agriculture, sustainable
settlement, economic development, and equity among various groups within
the society. All stakeholders, including civil society, should be
involved in the identification of issues and potential solutions. The
outcomes from this process have far-reaching impacts on who can own and
use land and for what development objectives (Enemark, 2019).
Similarly, land governance and land management are interrelated in
the sense that land governance shapes the land management activities
while these activities should inform land governance. Management, then,
cannot be a substitute for governance. The principles and objectives
should be in common while the means of achieving them may vary
(Lettington, 2022).
Land governance covers all activities associated with the management
of land and natural resources, which are required to fulfil political
and social objectives and achieve sustainable development. This relates
specifically to the legal and institutional framework for the land
sector. The operational component of the land management concept is the
range of land administration functions:
land tenure, dealing with identification, registration,
and transfer of rights in land and natural resources.
land value, dealing with valuation and taxation of land
and properties.
land use, dealing with planning and control of the use
of land and natural resources, and
land development, dealing with implementation of urban
and rural land use planning, infrastructures, utilities, and
constructions works.
These four functions are essential to ensure control and management
of physical space and the economic and social outcomes emerging from it.
The relationship between people and land is of fundamental importance in
every society and is evident in the form of property rights. This
relationship has evolved over time in many different ways, from full
state control, through communal forms of tenure, to the individual
property rights.
The four functions are interrelated and provide an enabling
infrastructure for implementing land policies and land management
strategies in support of sustainable development. . Ultimately, the
design of adequate systems of land tenure and land value should support
an efficient land market, and the design of systems to deliver land use
control and land development should lead to effective land use
management. The combination of efficient land markets and effective land
use management is then seen as a key component in delivering economic,
social and environmental sustainable development (Williamson, et al.,
2010).
Land information infrastructures, as a subset of the wider Spatial
Data Infrastructures, are the data sets on the natural and built
environment supporting the land administration and land management in
support of good, effective and responsible land governance.
The land governance components are illustrated in Figure 1 showing
the interaction between the various levels.
Figure 1.The land governance components and their
interaction.
All countries need to deal with the management of land. In
the more developed parts of world, the systems for governing
and administering land issues have evolved to an advanced
level for coping with cultural and economic development.
Looking at the less developed parts of the world, in many
countries, and especially in the Sub-Saharan Africa region,
the basic systems of land registration are still not in
place. In these countries, more than 70 per cent of the land
and people are outside the formal systems that tend to serve
mainly the elites and the perspectives of human rights and
sustainability are largely ignored (Enemark, et al., 2014).
In such regions, there is a need to improve the land
governance systems more generally to cope with current and
future challenges, see also the Land Governance Assessment
Framework (World Bank, 2012).
2.1 Responsible Land Governance
Land is a finite resource within a given jurisdiction whether it is a
community or a country. Within any jurisdiction, there are a range of
stakeholders and a range of different development objectives leading to
competition and conflict over access to land and the use of the land
resource.
Such conflicts and competitions may relate to neighbours disputing
over location property boundaries, competition between various
stakeholders over the possible use of the same piece of land for
residential, commercial or industrial purposes, urban development versus
protection of nature and farmland, or slum dwellers illegal occupying
public or private land. Government projects may require purchase of
private or community land, and indigenous communities and
environmentalists may compete with timber companies and electrical
enterprises over the use of forested lands and water resources.
Local communities may be displaced from their land and homes because of
violent conflicts, natural disasters or climate variability and, in
their search for new land are likely to be in competition with already
established communities.
These conflicting interests in land call for means of effective land
governance in order to provide secure legal rights in land and to enable
control of the use of land and natural resources. When land governance
is weak, corruption is likely to flourish, and the systems mainly
benefit the haves rather than the have-nots. The powerful can dominate
the competition over scarce land resources and may illegally transfer
state lands and common lands to themselves and their allies – or profit
from land grabbing arrangements in favour of foreign investors.
By contrast, when land governance is effective, it can contribute to
improvements in social equity, economic development, and environmental
sustainability. Benefits arise from the responsible management of land
whilst natural resources are better safeguarded and more equitably
distributed. In cities, effective land management contributes to reduce
social tensions and poverty whilst promoting economic growth. When good
governance exists, decision-making is more transparent and
participatory, the rule of law is applied equally to all, and most
disputes are resolved before they degenerate into conflict (FAO, 2009).
Responsible land governance is seen as an extension to good land
governance by adding the key aspect of including all land and people
with the jurisdiction. This relates especially to the poor and women by
ensuring that legal as well as legitimate land rights are officially
recognised in the system. Responsible land governance supports the SDGs
and incorporate the principles as outlined in the Voluntary Guideline on
the responsible Governance of Tenure of Guidelines (VGGTs) (FAO, 2012
and 2022). Responsible land governance is then seen as accountable and
effective, founded on publicity and civic engagement, and based on the
rule of law through transparency and control of corruption (GLTN, 2019).
3. THE GLOBAL AGENDA
The UN declaration on
“Transforming our world: the 2030 Agenda for Sustainable Development”
(UN, 2015a) as adopted by all the world´s leaders is based on five key
statements as shown in Figure 2.
Figure 2. Transforming our World - The 2030 Global
Agenda: Key statements. Source: UN, 2015a-
The SDGs includes a universal set of 17 Goals and 169 targets that UN
member states are committed to use to frame their agenda and policies
over the next 15 years (2016-2030). The goals are action oriented,
global in nature and universally applicable. Targets are defined as
aspirational global targets, with each government setting its own
national targets guided by the global level of ambition while
considering national circumstances. The goals and targets integrate
economic, social, and environmental aspects and recognise their
interlinkages in achieving sustainable development in all its
dimensions.
The SDGs, thereby, provide a framework around which governments,
especially in developing countries, can develop policies and overseas
aid programmes designed to alleviate poverty and improve the lives of
the poor, as well as a rallying point for NGOs to hold them to account.
In other words, the SDGs is a key driver for countries throughout the
world – and especially developing countries – to develop adequate and
accountable land policies and regulatory frameworks for meeting the
goals.
Figure 3. The Sustainable Development Goals
While the MDGs, in theory, applied to all countries, in reality they
were considered targets for poor countries to achieve with support from
the wealthier countries. In contrast, every country throughout the world
will be expected to work towards achieving the SDGs. This relates to,
e.g., Goal 10 aiming to “Reduce inequality within and among countries”.
This challenge of reducing inequity has appeared in most developed
countries over recent decades. The SDGs, in this way, seek to build on
the MDGs and complete what they did not achieve. The SDGs also seek to
realize the human rights of all and to achieve gender equality and the
empowerment of all women and girls. They are integrated and indivisible
and balance the three dimensions of sustainable development: the
economic, social, and environmental (UN, 2015a).
The SDGs include seven goals with a significant land and land
governance component mentioned in the targets, see figure 3. For
example, Goal 1 calls for ending poverty in all its forms everywhere,
and target 1.4 states that by 2030 all men and women will have equal
rights to ownership and control over land and other forms of property.
Similarly, the land component is referred to in targets of Goal 2 on
ending hunger and Goal 5 on gender equity. Land and land use planning
are key components in the targets of Goal 11 on achieving sustainable
urbanisation. Land governance and management are included in targets of
Goal 13 on climate action and Goal 15 on promoting sustainable use of
land. Finally, (land) governance is a key component in most of the
targets for achieving Goal 16 on promoting peace, justice and strong
institutions.
The SDGs are a call for action by all countries to promote prosperity
while protecting the planet. They recognize that ending poverty must go
hand-in-hand with strategies for economic growth, also address societal
needs, including education, health, social protection, and job creation,
all within the frame of tackling climate change issues, biodiversity
loss, and environmental protection. People to land relationships
directly and indirectly influence all SDGs (UN-GGIM, 2020).
The SDGs are further supported by the wider global agenda such as the
New Urban Agenda (NUA) (UN-Habitat, 2016), the Voluntary Guidelines of
Responsible Governance of Tenure (VGGTs) (FAO, 2012 and 2022), the Paris
Agreement on Climate Change Mitigation and Adaptation (UN, 2015b), and,
of course, the Universal Declaration of Human Rights (UDHR) (UN, 1948).
3.1 Monitoring and Assessment
The goals and targets of the SDGs will be followed up and reviewed
based on a global evaluation framework of about 240 indicators, e.g. for
Goal 1 on “Ending Poverty” one target is to “Ensure that all men and
women …have equal rights and control over land and other forms of
property…”. An indicator for measuring this is “the proportion of total
population with secure rights to land”. An annual progress report on
achieving the SDGs is prepared by the UN, based on data produced by
national statistical systems and information collected at the regional
level (UN, 2022). The targets and indicators of the 17 SDGs and the
connected metadata framework are explained in more details at the SDG
indicator website, the metadata repository at:
https://unstats.un.org/sdgs/indicators/indicators-list
This target and indicator framework is also underlined by the phrase:
“If we can measure it – we can better it” (Gates, 2013). Experience
shows that by monitoring and documenting the on-going progress
governments can justify activities and costs – and attract donor funding
towards meeting country specific targets. The success of the SDGs will
depend on the ability of governments, businesses, and civil society to
collect and manage data for decision making. In this regard the SDGs are
ambitious and there is an urgent need to mobilise data collection to
monitor progress, hold governments accountable and foster sustainable
development. As stated in the MDGs report of 2014, this calls for a
“data revolution” for sustainable development to empower people with
information on the progress towards meeting the SDG targets (UN, 2014).
For example, in relation to the monitoring the achievement of the
MDGs, the 2014 progress report showed that the extreme poverty rate had
been halved and MDGs Goal 1 was thereby met at a global scale - but with
huge regional deviations. Goal 1 was achieved mainly due to the
contribution from China where, in 1978, the collective farms were
dismantled and replaced by long-term leases to allocate land rights to
farming households. This policy enforced an era of agricultural growth
that transformed rural China and led to the largest reduction of poverty
in history. The percentage of people living in extreme poverty declined
from about 80% of the population in 1981 (the highest in the world at
that time) to only 13% in 2008. In contrast, Sub-Saharan Africa has seen
a considerable annual growth rate of above 5% over recent years, but the
region has been unable to translate its recent robust growth into rapid
poverty reduction (Byamugisha, 2013). This underpins the necessity of
detailed monitoring at regional and local / country level.
The annual SDGs reports monitor the
progress in achieving the 17 Goals using the targets and
indicators as explained above. The recent SDGs Report 2022
presents a comparison of the achievements before and after the
COVID-19 pandemic. but it looks at some of the devastating
initial impacts of the pandemic on specific goals and targets.
For example, the report states that, even though the world was
not fully on track to end poverty by 2030, the COVID-19 pandemic
pushed over 70 million people into extreme poverty.
3.2 The Role of Land Governance in Support of the Global
Agenda
Solutions to the overall global land issues relate to alleviation of
poverty, social inclusion and stability, investments and economic
development, and environmental protection and natural resource
management. These land matters are now embedded in the SDGs and
effective and democratised land governance play a key role in achieving
this global vision. The role of land governance directly relates to some
core areas such as:
Security of land rights (SDG 1 and VGGT). Secure tenure rights enable
poor people to invest in their property and livelihood without the fear
of eviction. There is increasing evidence of positive economic, social,
and environmental effects of improved tenure security (GIZ, 2019).
Secure land rights are also the basis for the function of an efficient
land market, assessment, and collection of land tax, and is seen as an
incentive to use land and resources in a more sustainable manner. More
fundamentally, access to land and the ability to legally defend land
rights directly affect the enjoyment of a wide range of human rights.
Poverty reduction (SDG 1). The incentives deriving from security of
land rights are a key factor in poverty alleviation. While the
importance of land tenure and access to land for agricultural production
and for shelter and housing has long been clear, recent research goes
beyond this recognition by emphasizing the significance of secure
property rights over land as a precondition for sustainable pro-poor
economic growth (Deininger, 2004). Good land governance plays a key role
in driving this evolution. Furthermore, a change in status from informal
to formal can improve the social status of the individual, family or
household (GiZ, 2019).
Food security (SDG 2). By 2050, the world will need to feed 9 billion
people. This will require an increase of 70 per cent in global
agricultural production (World Bank, 2014). Good governance of land
promotes food security at household, regional and national level.
Especially for rural livelihoods, secure land rights is fundamental for
access to credit and investments in long-term sustainable agricultural
production (FAO, 2020). This again enables development of sustainable
land use policies and control through the land governance institutions.
Gender equity (SDGs 5 and 10). Despite the general progress on
women´s right, rights to land are not enjoyed equally in many parts of
the world. This goes against international human rights and impacts
negatively on households and the economy. This issue can only be
addressed through improvements in the legal and regulation frameworks to
build of inclusive land registration records. According to the VGGTs,
states should ensure that women and girls have equal rights and access
to land independent of their civil and marital status (FAO, 2012).
Investment and economic development (SDG 9). The land governance
institutions, such as land registration, land valuation and taxation and
land use planning and control, provide a basic access to credit, and
investments towards social and economic development. Urban development,
construction works, transport and energy infrastructures, and a range of
public services depends on the corresponding reliable land governance
institutions and spatial data infrastructures with a countrywide
coverage.
Sustainable land use management and urban development
(SDG 9 and
NUA). The land governance institutions and connected regulations enable
control of existing and future use of land as well as planning and
implementation of urban development schemes. In the same way, the land
governance institutions provide the key means for dealing with the
urban-rural interrelationship and the urban development challenges as
stated in SDGs Goal 11 and unfolded in the New Urban Agenda (UN-Habitat,
2016).
Climate change adaptation (SDG 13 and IPCC). This can be achieved to
a large extent through sound land governance and administration by
including the perspective of possible future climate change and
modelling of any consequent natural disasters. One of the elements in
achieving climate-resilient urban development and sustainable rural land
use is the degree to which climate change adaptation and risk management
are mainstreamed into two major components of land governance, namely:
securing and safeguarding of land rights; and planning and control of
land use (Mitchell et al., 2015).
Environmental protection and natural resource management
(SDG 15).
Land policies and land use regulations relate to a range of different
sectors, such as agriculture, forestry, water supply, heritage, costal
zones, etc., and enables sustainable control through permit procedures
etc. The regulatory frameworks should then ensure environmental
protection of urban and rural areas as well as sustainable management of
natural resources.
Justice and responsible institutions (SDG 16). Building accountable
and responsible institutions is a key objective - and a key challenge -
within the land governance arena. This relates directly to the SGD 16
calling for “Promoting peaceful and inclusive societies for sustainable
development, providing access to justice for all and building effective,
accountable and inclusive institutions at all levels”.
Considering this central role of responsible land governance systems,
it is safe to say, that the SDGs will never be met without having such
responsible and inclusive systems in place. This goes especially for
developing countries, where the systems are often incomplete, very
fragmented, and serving mainly the elite. It is argued that building
comprehensive systems covering all land and all people should be a key
priority in developing countries, rather than just improving the
existing systems with limited coverage.
4. RECENT MAJOR CONCEPTUAL DEVELOPMENTS
Over recent year some promising major conceptual developments have
appeared within the land governance arena. Technology development and
the push from the global agenda are seen as key drivers for change in
terms of providing the more comprehensive and consistent spatial data
infrastructures. This includes the recent developments of UN-GGIM such
as the Integrated Geospatial Information Framework (IGIF) (UN-GGIM,
2018) and the Framework for Effective Land Administration (FELA)
(UN-GGIM, 2020). These, together with the recent FIG/GLTN based
developments such as the Land Administration Domain Model (LADM)
(Lemmen, C. et al., 2015) and the Fit-For-Purpose Land Administration
(FFPLA) approach (Enemark, et al., 2014, 2018, 2021) provide tools, and
capacity development opportunities for bringing many countries a
significant step forward.
The IGIF is a strategic guide to develop and
strengthen national geospatial information management. It
provides an integrative platform for all digital data that has a
location dimension to it. The framework is anchored in nine
strategic pathways in three main areas of influence: governance,
technology, and people. The objective of these strategic
pathways is to guide governments towards implementing integrated
information systems in a way that will deliver a vision for
sustainable social, economic, and environmental development.
The FELA is a guide for developing effective land
administrative systems. The framework is fully aligned with the
IGIF as an overarching policy guide supporting the achievement
of the SGDs. The nine strategic pathways of IGIF framework are
intended to guide the implementation of FELA, support the IGIF
implementation more broadly, and ultimately achieve the SGDs and
sustainable development. The main areas of influence of the IGIF
equally apply for implementing FELA: governance, technology, and
people. FELA is then making IGIF operational at country level.
The LADM is a recognized ISO standard for
building the data model and provides a standardised global
vocabulary for the modelling of land administration. As an
international standard it can stimulate the development of
software applications and may accelerate the implementation of
land administration systems that support sustainability
objectives. The Social Tenure Domain Model (STDM) is integrated
in the LADM.
The FFPLA concept outlines a pragmatic and
realistic approach for developing countries that can provide
security of tenure for all at a country wide scale within a
short timeframe and at affordable costs. The FFPLA Guide
presents the concept, provides the connected key principles and
a generic set of guidelines to be applied in developing
countries for building the basic spatial, legal and
institutional frameworks of inclusive land administration
systems.
However, despite these major developments, and especially in
developing countries, a major challenge remains in relation to building
appropriate and inclusive legal and institutional frameworks to underpin
sustainable and nationwide land governance concepts. This challenge
relates to a large extent to the understanding of the nature of
institutions and the role the political economy within the societies, as
well as the need for developing the necessary capacity for building and
maintaining such country wide land governance systems. These issues are
further discussed below.
5. KEY CHALLENGES AHEAD
Many developed countries have strong land institutions and laws that
protect the citizens’ relationship with land and provide land
administration services to secure and often guarantee land rights. These
services directly support land markets that underpin modern economies.
In these countries, security of tenure is taken for granted. However, an
often-cited educated estimate indicates that for 70 per cent of the
world´s population this is not the case (McLaren, 2015) and in the
Sub-Sahara region often 90 per cent of land and people are outside the
formal systems. The majority of these are the poor and the most
vulnerable in society and, without any level of security of tenure, they
constantly live in threat of eviction.
Most developing countries are struggling to find remedies for their
many land problems that are causing land conflicts, reducing economic
development, and preventing their countries reaching their true
potential. Existing investments in land administration and management
solutions have been piecemeal and have not delivered the required
transformational changes and improvements at scale. The solutions have
not helped the neediest; the poor and disadvantaged with no security of
tenure. In fact, the beneficiaries of this unsustainable management of
land have been the rich, elite and organizations involved in land
grabbing. Conventional solutions are not effective within developing
countries, and it is time to rethink the approaches. Solutions are
required that can deliver security of tenure for all, can be quickly
developed, within political expectations, and are affordable and
scalable.
5.1 Institutional change
A key challenge relates to the issue of institutional change. Such
change may be constrained by many factors such a lack of political will,
lack of financial evidence to justify change, conflicting interests
between various groups in society, and vested interests of key
professions and other key stakeholders.
In this regard, it is important to pay attention to the country
specific institutions as well as the role of the political economy in
society. According to (North, 1991) institutions are humanly devised
constraints that structure political, economic, and social interaction.
They consist of both informal constraints (sanctions, taboos, customs,
traditions, and codes conduct) and formal rules (constitutions, laws,
property rights). Throughout history institutions have been devised by
human beings to create order and reduce uncertainty in exchange. In
short “Institutions are the rules of the game”. The political economy is
the study of how the economy and political systems are linked. It is
about how nations organise the production and use of wealth. In short,
it is about how a country – the public’s household – is managed or
governed, considering both political and economic factors.
In most developing countries, the introduction of responsible and
inclusive land governance systems is about changing these rules of the
game and adjusting the political economy of the societies. It is
therefore not surprising that this process of change is often met by
considerable resistance from groups, interests, and stakeholders.
For example, by introducing new flexible and fit for purpose
approaches to building inclusive land administration systems, a range of
current land administration functions normally undertaken by specific
land professionals may become obsolete. Similarly, related activities of
the land agencies will change, and new procedures will be applied.
Therefore, such new transformative approaches are often seen as
disruptive. In the longer perspective, however, this kind of change will
imply a change in the political economy and the way wealth is produced
and distributed within society.
Groups of land professionals, such as lawyers, surveyors and planners
are highly educated and act as custodians of existing systems. It is
therefore no surprise that their professional codes support these
systems, and there are many examples of resistance towards change that
will challenge their monopolistic position. Similarly, the national land
agencies will often defend the existing system and try to keep business
as usual, thereby guarding their role and position as experts and the
importance of existing regulations and administration. To overcome these
barriers, requires a political focus on the benefits to society to be
achieved by implementing a new system, e.g., effective engagement
through seminars and open discussions with all relevant stakeholders
involved, including civil society organisations to understand the longer
term benefits of this change.
In this regard, it may be worth recalling a famous quote from
medieval times stated by the man who has often been called the father of
modern political philosophy and political science:
“It should be borne in mind that there is nothing more
difficult to plan, more doubtful of success, nor more dangerous
to manage than creation of a new system. For the initiator has
the enmity of all who would benefit from the preservation of the
old institutions and merely lukewarm defenders in those who
would benefit from the new ones” (Machiavelli, The Prince, Ch.
6, 1513)
5.2 Justification and adaptability in program design.
The business model to support the change in land governance
arrangements needs to reflect current Government policy priorities.
These essentially define the needs of the country and activities that
align with these priorities are likely to attract funding from both
private and public sectors. So, for example, security of tenure projects
can be justified through integration into wider policy intervention
programs, such as climate change mitigation and adaptation, digital
transformation, building resilience, strengthening of infrastructure,
and property tax revenue generation. In this way, the projects are
directly aligned with the policy priorities of government, and have a
higher likelihood of obtaining funding, while security of tenure is seen
as a biproduct of the program rather than the main objective.
The design of intervention programs in land governance normally only
involves only a small number of stakeholders in the land sector and is
heavily influenced by technology drivers. This approach subsequently
delivers narrow based solutions that are often resisted by other
stakeholders or do not deliver a wider set of benefits to society.
Therefore, prior to committing to a program design, extensive political
analysis should be completed, and the understanding of the local context
be better understood through the use of multi-stakeholder pilot
projects.
5.3 Capacity development
There is now an emerging agreement within the development community
that capacity development is the engine of human development. Human,
institutional, and societal capacity remain critical for designing and
implementing strategies towards achieving development objectives
including the SDGs.
Capacity development refers to the process through which individuals,
organizations and societies obtain, strengthen, and maintain the
capabilities to set and achieve their own development objectives over
time (UNDP, 2009). Capacity development, therefore, must be seen in a
wider context of providing the ability of organisations and individuals
to perform functions effectively, efficiently, and sustainable. This
includes the requirement to address capacity needs not only at the
personal level, but also at institutional and even more broadly at
societal levels. Capacity development does not imply that there is no
capacity in existence; it also includes retaining and strengthening
existing capacities of people and institutions to perform their tasks
and deliver services.
Responsible and fit-for-purpose land administration systems are the
operational component of land governance in support of the global
agenda. When building such systems in developing countries, the quest
for capacity development is fundamental. However: “Don´t start what you
can´t sustain”. This phrase is particularly relevant for implementing
land administration systems at countrywide level. Once established, the
systems must be maintained and updated from day one; otherwise, the
efforts and investments in building the systems are easily wasted. The
necessary capacity to manage and maintain the systems, therefore, must
be developed up front to ensure efficient implementation and effective
on-going maintenance and management.
6. THE WAY FORWARD
There is consensus that governing the people to land relationship is
at the heart of the global agenda. Therefore, in developing countries,
there is an urgent need to build simple and inclusive land
administration systems using a flexible and affordable approach to
secure all rights in land and enable control of the use of all land.
Considering the four major developments mentioned above, it is argued
that the focus should be on building simple but complete systems that
can then be improved and upgraded over time according to available
financial resources.
When considering the resources and capacities required for building
such simple and inclusive systems and the connected spatial, legal, and
institutional frameworks in developing countries, the conventional
western style concepts may well be seen as the end target but not as the
point of entry. When assessing the technology and investment choices,
the focus should be on serving the purpose of the systems namely
providing security of tenure for all and enabling control of the use of
all land, rather than aiming at high-end technology solutions. Such
simple systems should meet the needs of society today and can be
incrementally improved over time. Building such spatial, legal, and
institutional frameworks will establish the link between people and
land. This will enable the management and monitoring of improvements in
meeting aims and objectives of adopted land policies as well as
achieving the SDGs.
The GLTN publication “Fit-For-Purpose (FFP) Land Administration –
Guiding Principles for Country Implementation” (Enemark, et al., 2016)
outlines a pragmatic and realistic approach for developing countries
that can provide security of tenure for across a country within a short
timeframe and at affordable costs. The Guide presents the concept,
provides the connected key principles and a generic set of guidelines to
be applied in developing countries for building basic and inclusive land
administration systems.
The phrase “Fit-For- Purpose” is widely used as a quality label for
government policies or interventions. The phrase is also commonly used
for any intervention or activity that is appropriate, and of a necessary
standard, for its intended use. So, the label indicates that this (FFP)
approach is appropriate and of a necessary standard for the purpose …
namely to provide security of tenure for all and enable control of the
use of all land, rather than blindly complying with top-end
technological solutions and rigid regulations for accuracy. The recent
publication “FFPLA – Providing Secure land Rights at Scale” (Enemark, et
al., 2021) provides an insight of the experiences and results from
applying a FFPLA approach in various countries throughout the world as
shown in figure 4 below.
Figure 4. Applying the FFPLA approach in countries
throughout the world
7. CLOSING REMARKS
The 2030 Global Agenda provides a range of goals and targets that can
never be achieved without having good land governance and
well-functioning countrywide land administration systems in place. The
SDGs provide a framework around which governments, especially in
developing countries, can develop policies and encourage overseas aid
programmes designed to alleviate poverty and improve the lives of the
poor. The SDGs also represent a rallying point for NGOs to hold
governments to account. In other words, the SDGs are a key driver for
countries throughout the world – and especially developing countries –
to develop adequate and accountable land policies and regulatory land
governance frameworks for poverty reduction, food security, gender and
social equity, and sustainable management of urban and rural land use
and natural resources.
Responsible land governance and management should be seen as a key
means in support of the global agenda. If a hypothetical map of the
world were generated using the Gross Domestic Product as the scale for
territorial size, the so-called western regions North America, Western
Europe, South Korea and Japan would “balloon” while other regions such
as Africa and Central Asia would almost disappear (UNEP, 2007). The
global agenda is very much about bringing this kind of map back to scale
through poverty reduction, improving education and health, facilitating
economic development, encouraging good governance, and ensuring
sustainability. The means of land governance and the contributions of
land professionals have a key role to play in this regard.
Enemark, S. (2019): Land Policies and Regulatory Frameworks.
Teaching Essentials for Responsible Land Administration, Module 6,
76 p.. GLTN/ UN-Habitat, Nairobi. https://elearning.gltn.net/
Enemark, S., McLaren, R. and Lemmen, C. (Eds). (2021):
Fit-For-Purpose Land Administration – Providing Secure Land Rights
at Scale. Land Journal Special Issue Vol. 1 (288 p.) and Vol. 2.
((257 p.)
https://www.mdpi.com/journal/land/special_issues/FFPLA
Stig Enemark is FIG Honorary President (President 2007-2010) and
Professor Emeritus of Land management at Aalborg University, Denmark. He
holds a M.Sc. in Surveying, Planning, and Land Management (1966) and
worked as a licensed surveyor in private practice for 12 years. He
joined Aalborg University 1982 and served as Head of School of Surveying
and Planning for 15 years. He is Past President and Honorary Member of
the Danish Association of Chartered Surveyors. He is a well-known
international expert and consultant in the areas of land administration,
land management and spatial planning, and the related issues of
education and capacity development. He has published books, reports and
more than 400 articles and conference papers, and he has undertaken a
range of land related consultancies in Eastern Europe, Asia, and
Sub-Saharan Africa. For a full list of publication see
https://vbn.aau.dk/en/persons/100037/publications/
