Land Governance Building Trust Transparency in Land Administration
Land Governance; Building Trust Transparency in Land Administration Session 1 B Land Governance and Transparency
Objectives • Share thoughts on relevant concepts to ensure that everybody means the same thing when talking about transparency and related issues • To share thoughts / findings on elements of transparency, consequences of failed governance and principles of good land governance
Contents • Anti-corruption Quiz • Definitions • Consequence of poor & benefits of good governance in land administration (LA) • Examples of bad and good practices • Success criteria for change processes • Capacity challenges
When it comes to taking action about corruption in land administration, I’m of the opinion that: 1. Corruption is everywhere - it’s endemic. So what’s the big deal? 2. Corruption is part of human nature. It’s always existed. So, there is little we can do about it. 3. Corruption is culturally determined. What’s seen as corruption by some might not be seen that way by others. Better not to get involved. 4. Getting rid of corruption in land administration would require a wholesale shift in attitudes and values. Nobody has the time and energy to face these challenges. 5. Corruption isn’t that harmful. It’s just the way the political and economic systems operate. 6. There’s nothing that land administrators can do when corruption becomes so engrained that it is the accepted way of doing business. 7. Worrying about corruption in land administration would be a waste of time— given everything else we need to do. 8. Corruption in our land administration doesn’t exist—at least to the extent that we should worry about it. 9. The costs of curing and preventing corruption in land administration would far out-weigh the benefits. 10. Any effort to cure and prevent corruption in our land administration system could hurt a lot of innocent people—so it’s better to ignore it. ADD YOUR TOTAL SCORES FOR EACH COLUMN 1 Strongly Disagree 2 Disagree 3 Agree 4 Strongly Agree
Definitions • Land administration (LA) : a processes of recording & disseminating info about land rights, value and use of land & its associated resources. Such processes include the determination ( “adjudication”) of rights and other attributes of land, survey and description of the same, their detailed documentation & the provision of relevant info in support of land markets. • Land governance: the process by which decisions are made regarding the access to and use of land, the manner in which those decisions are implemented and the way that conflicting interests in land are reconciled
Definitions • Transparency is about – acting visibly, – acting predictably and – acting understandably; • It is sharing info & acting in an open manner; is an essential element of ethical process (fair process); The right element is a lynchpin: transparency is a manifestation of such basic rights as people’s right to receive information and to participate in decisions affecting their lives. • Corruption is the misuse of entrusted power for private gain. The concept of corruption’s DNA: mathematically expressed as C = (M+D-A)/E where C stands for corruption, M equals monopoly power, discretion by officials, A for accountability and E for Ethical ambience.
The transparency corruption nexus • Corruption thrives when and where transparency is missing; • Opaque / obscure decision making creates favourable conditions for corruption to flourish For strategically placed officials, opacity can be advantage. The absence of prescribed regulations hands too much discretionary power to the commissioner of lands and generates work for wellinformed attorneys. For those in gate keeping positions, opacity in the administration of land is a valuable resource. Hence, • The global coalition against corruption is referred to as TRANSPARENCY INTERNATIONAL. • Transparency is treated in this training as entry point to address corruption in land administration.
Elements of transparency (what should be made transparent) • Policy, laws, regulations, charters, codes, rules, etc should be publicly available; Statutory instruments that govern LA should be comprehensible including LEGAL LITERACY. • Structural transparency: organizational set-ups, tiers of decision making; • Functional transparency: info brochures and directories that help figure out who does what? Who is responsible for what? Who processes applications? Who makes decisions? are vitally important. • The above two specify institutions and organizations responsible for service; locations; positions and names of concerned personnel, etc.
Elements of transparency (what should be made transparent? ) • Processes and procedures: provide info leaflets, checklists, guides, forms, etc that specify the steps, time required to complete processes, means of access including routes of appeal, etc; • Facilities and offices: should be open to the public; periodic tours and open houses should be held periodically. • Data / information – Avail understandable and accessible input data / operating information collected, processed, and acted upon (land rights allocated, converted, leased, titled; value of land; use of land; tax rates, etc ); – Incomplete, outdated, or poorly organized data creates uncertainty and risk for both the institution and users.
Effects of weak and benefits of good governance Weak governance leads to: Good governance … 1. 2. 3. 1. 4. 5. 6. 7. 8. Insecurity of tenure Land conflicts Social and political instability Erosion of ethics and standards of behaviour Inequitable land distribution Reduced private sector investment Limited local revenues Unsustainable natural resources management 2. 3. 4. 5. 6. 7. 8. Protects the poor from illegitimate evictions Allows for just resolution of land disputes Brings the rule of law within the reach of the poor Reduces fraud and bribery Allows for more equitable access to land Provides incentives for investment Allows the state to benefit from land taxation Creates incentives for landowners to use their land in a sustainable manner
Corruption typology and examples Broad classes of corruption • State Capture/Grand/political corruption • Petty/bureaucratic/administrative corruption Examples of bad practices in land administration • Bribes to access different land services • Illegal transfers of public / state land to private interests often for less than its worth • Multiple registrations of land • Planning / building permits issued for informal payments, not on technical merit • Fraudulent valuations of land to lower land taxes, inflate compensations, etc • Discriminatory treatment of women, ethnic minorities, etc
Effects weak land governance: unfair access Urban “slum” population Urban “non-slum” population
Effects weak land governance: unfair access Urban “slum” population Urban “non-slum” population
Effects of Weak Land Governance: Urban Slums Kibera, Nairobi 750. 000 slum dwellers 250 hectares (2, 5 square kilometers) 3 square meters person Overcrowding, sanitation, health, etc.
Nairobi, Kibera informal settlement
The cost of land corruption Acres 11 Billion KSH 183 million USD Sold for Estimated market value (KSH) KSH 5518 3 310 920 1 103 600 000 5516 3 309 720 1 103 200 000 3851 2490 286 000 498 000 893 240 000 178 600 000 2315 526 290 463 000 2820 405 000 564 000 1000 324 400 200 000 795 96 000 159 000 961 290 770 192 200 000 1756 620 800 351 200 000 787 866 800 157 400 000 1127 248 683 225 400 000 3712 2 655 320 742 400 000 149 397 000 29 866 000
Principles for Good Land Governance 1. Transparency - Acting visibly Acting understandably Acting predictably 2. Accountability - Culture of impunity 3. Civic Engagement - Dialogue and consensus building orientation Facilitating active participation of all groups; participate actively
Principles for Good Land Governance 4. Effectiveness and Efficiency - Simplified rules and procedures Service orientation 5. Rule of Law - - Respect for legal pluralism Laws, rules and procedures consistently and impartially enforced Traditional and alternative dispute resolution included 6. Equity - Pro-poor Exclusion: gender, inter-generational, ethnic, etc
Principles for Good Land Governance 7. Security - Security of tenure for all Eminent domain: prompt and adequate compensation No forced evictions / negotiated process 8. Sustainability - - Land use balances social, economic and environmental needs Land administration systems are affordable, accessible to all, can be maintained and updated over time 9. Subsidiarity - Decentralization of decision-making and management
Examples of good practices • • • Setting service standards (time/output) Web-based land information system Well organized front offices Client surveys and hotlines State land inventory Community boundary mapping
Success Criteria for Change Processes § § § § Triggering events, wake-up calls and urgent surgery Coalition-building: team of likeminded actors Ground rules: agree on codes of conduct and principles of operation Research, analysis and planning Mobilizing resources: devote time, material and human resources Implementation through field testing to verify hypotheses Evaluating impact and on-going prevention
Intervention Strategies Type of environment Time available Supportive environment for change Non-supportive environment for change You have time to make a decision Inclusive collaboration Strategic alliance There is no time to waste Strategic consultation Legitimate power and authority
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