THE LAND GOVERNANCE ASSESSMENT FRAMEWORK (LGAF): GLOBAL EXPERIENCE & LESSONS LEARNED FROM THE PHILIPPINES

Transcription

1 THE LAND GOVERNANCE ASSESSMENT FRAMEWORK (LGAF): GLOBAL EXPERIENCE & LESSONS LEARNED FROM THE PHILIPPINES Folay Eleazar & Keith Clifford Bell August 13, 2013

2 Why an Assessment of Land Governance is Required Land sector reforms should be driven, by an evidencebased assessment and participatory policy dialogue between government and stakeholders Governments require a land governance baseline to monitor progress of reforms and interventions Investment by donors, incl. support from the WB, should be on the basis of priority need determined through an evidence-based, validated assessment. LGAF provides the key input to a country s land sector engagement strategy.

3 LGAF s contribution to VG implementation Comprehensive, fast, low-cost assessment Driven by national experts Highly participatory Consensus on what are strong points; what needs to improve and where to start (priority recommendations) Sets a benchmark (country scorecard) to be used for tracking progress and identify opportunities for southsouth exchange LGAF is consistent with the VG principles, as well as other good governance principles such as PRAI and standards such as LADM

4 Land governance issues A broader view of land governance is needed at the country level too many silos Urban land tenure essential for low-cost housing and livable cities Tenure security key constraint for farmers, especially for women Tenure security / demarcation & registration of Common lands/ forest lands/ ancestral lands Institutional & political economy issues often neglected

5 LGAF approach

6 Attention for both Substance and process Substance: comprehensive analysis land sector; use a framework based on global experience on what is good land governance to guide analysis Process: Evidence-based multiple sectors and stakeholders aim for consensus on strengths and weaknesses in a country, on scores & priorities for change

7 Key thematic governance areas analysed in LGAF Recognition and respect for existing rights Land Use Planning, Management, and Taxation Management of Public Land Public Provision of Land Information Dispute Resolution and Conflict Management Large Scale Land Acquisition and Forestry

8 Methodology Pre-coded framework based on global experience Led by a local country coordinator, working with national specialists to prepare background analysis Using existing studies, information and data Rankings assigned by panels of local experts (land users) and justified by evidence Goal is to arrive at consensus scoring Results validated in national technical workshop, translation into policy recommendation Present conclusion to policy makers for concrete followup

9 Structure of the assessment framework Area Indicators Dimensions Score Recognition of a continuum of rights Land tenure rights recognition (rural) A B C D Enforcement of rights Legal and Institutional Framework Mechanisms for recognition of rights Restrictions on rights Land tenure rights recognition (urban) Rural group rights recognition Clarity of institutional mandates Urban group rights recognition in informal areas Equity and nondiscrimination in the decisionmaking process Opportunities for tenure individualization

10 The scoring example of coded answers drawn on global experience LGI 16, Dim. I Mapping/ charting of registry records is complete Assessment More than of records for privately held land in the registry are readily identifiable in maps held by the registry or the cadastre. Between of records for privately held land in the registry are readily identifiable in maps held by the registry or the cadastre. Between of records for privately held land in the registry are readily identifiable in maps held by the registry or the cadastre. Less than of records for privately held land in the registry are readily identifiable in maps held by the registry or the cadastre.

11 The scoring: General Structure for Assessment based on global experience Dimension Brief description of dimension Assessment A Dimension description is the best option towards a good land governance scenario. B Dimension description is generally the second best set of options for making progress towards good land governance. C Dimension description generally struggles to meet the criteria for good land governance however some attempts are being made. D There are no attempts in this area towards good land governance.

12 Steps: 4-6 months Inception Phase Background Report based on existing information 9 Panels of Experts Draft Report Technical Validation Workshop & Policy Dialogue Final report & Score card Dialogue with policy makers Follow Up Tracking progress & dialogue

13 Countries with LGAF (35) pilot completed Ongoing Starting Benin + 2 nd round Philippines Bangladesh Burkina Faso Ethiopia DR Congo Brazil* Burundi Indonesia Gambia Cameroon DRC- Kinshasa Kyrgyzstan Georgia + Monit Colombia Guinea Peru + 2 nd round Ghana Mali Honduras Tanzania Madagascar + Monit Moldova India* *=sub-national Malawi-+ Monit Rwanda Sudan Mauritania South Sudan Uganda Nigeria Senegal South Africa Ukraine Vanuatu Vietnam

14 Thematic scorecards

15 LGAF in the PHILLIPINES

16 Recognition and Respect for Existing Rights: Legal and Institutional Environment National Recognition of a continuum of rights Land tenure rights recognition (rural) A B D A A A B A A Land tenure rights recognition (urban) B D D A A B B C B Rural group rights recognition C B C D A A B A C Urban group rights recognition in informal areas C A C A A C C C Opportunities for tenure individualization D A C D C B C B B Enforcement of Rights Mapping/registration of communal land B B D D C B D D C Registration of individual rural land A D C A C D A D C Registration of individual urban land D C A B C C A D B Formal recog of women's right A A A C A C A D A Condominium regime A C A A C A A A A C Compensation due to land use changes D D C D D B B B C Mechanisms for recognition of rights Non-documentary evidence to recognize rights C C C B A B C C D Recognition of long-term possession A A A A B A C D C Formal fees for 1st time registration low C B B A A A B D D D C No high informal fees for 1st time registration A A A A A B C B A D Formalizing housing is feasible & affordable C C D A C C C B C Clear process for formal recognition of possession C B B B D A C Restrictions on Rights Restrictions on urban land use, ownership and transferability A A A C D B B B B Restrictions on rural land use, ownership and transferability B B B A B A B B B Clarity of Institutional Mandates Clear separation of institutional roles C C B A D C C Institutional overlap C B A A D C C Administrative overlap C C B B D B C Information sharing among institutions D C D B B B C Equity and Nondiscrimination in the Decision-Making Process Clear land policy developed in a participatory manner C C B C B C A C C Meaningful incorporation of equity goals C C C C C C C C Cost of implementing policy is estimated, matched with benefits, and C adequately resourced C C B C D C C C Regular, public reports indicating progress in policy implementation C C C B C D A C C Brazil Para State Piauí State Georgia Peru Philippines South Africa Senegal Ukraine

17 Management of Public Land National Brazil Para State Identification and Clear Management of Pulic Land Public ownership is justified B C B A C C B B D Complete recording of public land A B C C D A A C B Management responsibility for public land is clear B C D A C C B C B C Institutions are properly resourced C D D A D C C D D Public land inventory with public access A C C B C C B D Key information on land concessions is public A B C A A C C C C Incidence of Expropriation Expropriated land is used for private purposes D D A A A A A A Speed of use of expropriated land A A A A A C A A A Transparency of Expropriation Procedures Fair compensation for expropriation of ownership A B C A B B A B C Fair compensation for expropriation of other rights D C C A B C C C D Promptness of compensation A D D A D A B A D Independent & accessible appeal A B A A B B B C A Time it takes for a first-instance decision on an appeal B B A D D A Transparent Processes for Divestiture Openness of public land transactions A D D A D D D D Collection of payments for public leases A D A A C D A Modalities of lease/sale of public land C A D A A C D C Piauí State Georgia Peru Philippines South Africa Senegal Ukraine

18 Public Provision of Land Information National Brazil Para State Piauí State Georgia Completeness of Registry Information Mapping of registry records A B D D C C D A B C Relevant private encumbrances A A A A A A A A A Relevant public restrictions A A A A C A C A A Searchability of the registry A B A A A B A A C A Accessibility of registry records A A A A A A A A C Timely response to requests B C C A A A A B C Reliability of Registry Records Registry focus on client satisfaction B D D A A B C D B Cadastral/registry info up-to-date D D D D D C D A B C Cost Effectiveness, Accessibility, and Sustainability Cost for registering a property transfer A C D A C D C D B Financial sustainability of registry A A A A A A A A C Capital investment in the system to record rights D C D A A A B A B A Transparency Schedule of fees for services is public A A C A A A A A A Informal payments discouraged A D D A A B A D C Peru Philippines South Africa Senegal Ukraine

19 Large Scale Land Acquisition (Optional Module) National Philippines LSLA Most forest land is mapped; rights are registered C C C A B A D C Few conflicts generated and how they are addressed D D D C D C D D Land use restrictions on rural land parcels generally identifiable A D C A B C D A Clear, consistent public institutions in land acquisition A D C B C C D C Incentives for investors are clear and consistent C B B B C C A C Benefit sharing mechanisms for investments in agriculture C C C B C C D C Direct/transparent negotiations between right holders and investors A A A A B D B B Sufficient information required from investors A D D B A D D A D Investors provide required information A C C B B C C C Contractual provisions on benefits/risks sharing A D D A C D C C Duration of procedure to obtain approval D D B A B C A B Social requirements clearly defined D C C B C C B C Environmental requirements clearly defined C C B B B C B B Procedures for economically, environmentally, and socially beneficial investments A D C A C D D Compliance with safeguards is checked A C A B C C C B Procedures to lodge complaints C C C B B C C B Brazil Para State Piauí State Georgia South Africa Senegal Ukraine

20 Good timing & highly relevant Good governance important agenda of administration Active national land policy debates and discussions on 20 year proposal for National Land Use Act Land sector projects ongoing and planned; legal changes and Bills in Congress Commitment to complete land redistribution in the short term National REDD+ Strategy with strong constituency Strong policies recognizing rights of indigenous peoples; and decentralization to local governments LGAF started in December Validation workshop June 6 th 2013

21 Strong points Philippines Examples of innovative policies land redistribution tenure regularization indigenous peoples rights urban shelter dispute resolution legal framework allows for connecting tenure regularization, land use planning and resource mobilization at the local government level. Good governance drive enables public display of information and reports; streamlined processes through computerization Strong democratic space allows public participation in policy development and review

22 Legal Rights recognition is progressive but.. 44% of ancestral lands are not demarcated, 40% of the rural land not covered yet by any tenure agreement 15 % of people in urban areas not having secure rights Unreliable and incomplete registries Insufficient coordination and incentive for adequate service delivery by land institutions

23 Public land, land use, investors Urban land use planning is following, not leading in planning city expansion and access to formal low-cost housing: Difficulties with identification of vacant land for resettlement from disaster prone areas: Expropriation with insufficient or timely compensation: Land speculation hinders effective land use planning by government: LGUs make limited use of planning instruments at their disposal: Limited transparency and community engagement hinder large-scale investment in land Property tax collection is below potential:

24 Next steps continuous conversation and dialogue amongst land sector experts and specialist, across government agencies, between central and local level and with non-state actors, CSO and the private sector; regular monitoring of key indicators to track progress consider sub-national land governance assessments at the level of cities (Manila) and in Mindanao

25 To conclude: Contribution of LGAF to VG spirit LGAF proven to be a very good diagnostic tool to start taking issues forward Express country demand, breaking down traditional silos in country Helps to focus efforts in land sector and encourage collaboration Helps to move up land issues on broad policy agenda Flexible; can be used by range of stakeholders Creates basis for building platforms, benchmark for tracking progress and stakeholder dialogue Provides justification for investments/ interventions in land sector reforms

26 Publications:

27 More Information on LGAF