SECURING TENURE THROUGH LAND USE PLANNING Conceptual Framework, Evidences and Experiences from Selected Countries in Africa, Asia and Latin America Uchendu Eugene Chigbu: Technische Universität München Uchendu Eugene Chigbu 1 , Fahria Masum 1 , Anna Leitmeier 1 , Samuel Mabikke 2 , Danilo Antonio 2 , Jorge Espinoza 3 , Anita Hernig 3 1.Chair of Land Management, Centre of Land, Water and Environmental Risk Management, Technische Universität München, Germany. 2.Land and Global Land Tool Network Unit, Urban Legislation, Land and Governance Branch, United Nations Human Settlement Programme (UN-Habitat), Nairobi, Kenya. 3.Sector Project Land Policy and Land Management, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), GmbH, Eschborn, Germany.
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SECURING TENURE THROUGH LAND USE PLANNINGConceptual Framework, Evidences and Experiences
from Selected Countries in Africa, Asia and Latin AmericaUchendu Eugene Chigbu: Technische Universität München
Uchendu Eugene Chigbu1, Fahria Masum1, Anna Leitmeier1, Samuel Mabikke2, Danilo Antonio2, Jorge Espinoza3, Anita Hernig3
1.Chair of Land Management, Centre of Land, Water and Environmental Risk Management, Technische Universität München, Germany.2.Land and Global Land Tool Network Unit, Urban Legislation, Land and Governance Branch, United Nations Human Settlement Programme (UN-Habitat), Nairobi, Kenya.3.Sector Project Land Policy and Land Management, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), GmbH, Eschborn, Germany.
GLTN BRIEFING AND PROGRAMMEGLTN BRIEFING AND PROGRAMMEGLTN BRIEFING AND PROGRAMME
• Background: land use planning and tenure security• From land use planning and tenure security to land
use planning for tenure security• Towards a conceptual proposal for land use
planning for tenure security• Conceptual framework for land use planning for
tenure security• Methodology / case studies (Ghana, Chile and
Laos)• Conclusion• Contacts for more information on this study
Content
Land use planning for tenure security
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GLTN BRIEFING AND PROGRAMME
Background: land use planning and tenure security
Land use planning for tenure security
It is crucial that individuals and communities have some level of certainty that governments and influential individuals would not infringe on their interests, ownerships, privileges and rights on land.
•It will help protect people’s rights to land which is essential for reducing incidences of competing claims, conflicts, evictions and food insecurity.•It will lead to better use of land.•Such a scenario will have far-reaching and sustainable implications for socio-economic development.
Often, land use planning exists but is not sufficiently linked with tenure security. We are proposing that a complementary initiative would be to use land use planning to widen the margins of tenure security improvements.
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From “land use planning and tenure security” to “land use planning for tenure security”
Land use planning for tenure security
Land tenure security is hardly mentioned as one of the key objectives of land use planning. However, if land use planning is about decisions on land, then it should be linked to improving or ensuring tenure security. Despite being independent concepts:
•A conscious effort towards exploring the tenure security opportunities in land use planning should be a primary concern.•After all, tenure security and/or insecurity are naturally embedded in land use planning.
Land use planning for tenure security entails the principle and practice of integrating tenure security as a relevant aspect of the land use planning. For instance in project design, objectives and principles.
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Towards a conceptual proposal for land use planning for tenure security
Land use planning for tenure security
Elements or measures for land use planning for tenure security:•Planning: assembly and analysis of information; formulation of objectives, goals and specific interventions.•Function: identifies or determines land areas, parcels and uses and users and enable documentation on land issues.•Principle: fundamental rules, norms or values –e.g. continuum of rights, legality, pro-poor, participatory, acceptability, efficiency, etc.•Participation: opportunities for stakeholder involvement.•Continuum of rights: allowance for a range of land rights exists.•Spatial development framework: overall development direction.
Our primary argument is that tenure security is attainable by strengthening aspects of land use planning based on a continuum of rights concept and guided by spatial development framework and participation.
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Conceptual framework Land use planning for tenure security
Achieving full tenure security depends on striking a balance between all six elements in the above figure. A range of tenure options (whether legal, formal or informal) are possible in situations where a balance is not struck.
“Planning” of land use
planning
“Principles” of land use planning
Fulltenure
security“Functions” of land use
planning
“Prevailing tenure possibilities” within
countries
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Methodology:Designing the “how to”
Land use planning for tenure security
The GLTN tool development procedure, the consultative workshops and case studies have played the greatest role in shaping the tool up to this stage
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•Collaboration between TUM, GLTN and GIZ•GLTN tool development procedure•2 Consultative workshops•Online consultative forum•10 case studies from developing countries
GLTN BRIEFING AND PROGRAMME
GLTN tool development procedure
Land use planning for tenure security
GLTN tool development process was adopted because it is one of the most tested tool development processes in the land sector. However, care was taken in using its generic steps.
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International consultative workshops
Land use planning for tenure security
Consultative workshop took place in 2014 in Feldafing, Germany; and March 2015, in Washington DC. The workshop methodology was a combination of inputs from experts and interactive collaborative work from the participants.
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Case studies:Digital zoning certificate program in Chile
(CEDIZ)
Land use planning for tenure security –case studies
CEDIZ consists of an online platform that allows natural or juridical persons to ascertain if a particular use is allowed in a specific land parcel in order to obtain the Zoning Certificate (ZC). The ZC is digitally signed by the Development Authority and is a prerequisite for applying for provisional permits.
CEDIZ is based on Chile’s urban parcellary map – which is essentially a cadastre index map that is being developed by the municipalities with the advice of the CEDIZ programme. Procedure involves: •Introduction of new land information technologies at municipal level and incorporating the available land use planning instruments into it. •Capacity building activities are done with the aim of empowering the professionals responsible for various tasks.•The system combines a set of tools that strengthens transparency of land use management – leading to improved administration and protection of the rights vested in land.
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Case studies:Ghana’s land administration
project
Land use planning for tenure security –case studies
Awutu Breku, the capital of Awutu Senya District in Central Region of Ghana, provides a suitable case for studying the linkages between land use planning and land tenure security.
de jure tenure
securityRegistration and titling of
land based on legal demands
de facto tenure securityPossession and control of property due to length of time of occupation
Perceived tenure securityHouseholds or individuals’ estimates of
chances of eviction by the state or the landowner
Received(allocated)
tenure securityDirect allocation of land by highly
constituted traditional
authority to households or
individuals
Informal titles
Formal registerand title
Local Plan
Building Permit
Land useplanning
as a tool for tenuresecurity in Ghana‘sLand Administration
Project
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Case studies:GIZ’s project on land use planning
in Laos
Land use planning for tenure security –case studies
Procedure involved the introduction of land use planning at the village level to identify village land and village boundaries clearly as well as to classify land use zones in a participatory approach. Based on the land use zones, an overall village land use agreement is signed by the district and village authorities.
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• Preparation for participatory land use planning.2
• Socio-economic, land and forest data collection.
3 • Delineation of village and village cluster boundaries.
4 • Village and village cluster forest and agriculture land use zoning.
5 • Village and village cluster land management plans.
6 • Land data record keeping and digital mapping.
7 • Land registration and titling in rural villages.
8 • Village and village cluster networks and networking.
9 • Monitoring and evaluation.
Supporting measuresStandard procedure
Informing peasants about risks in leasing land and
doing contract farming and providing them with
standardized contracts for leasing and contract farming to enable them to negotiate
fair arrangements.
Providing agricultural consultation for peasants on
sustainable methods concerning cash crop
production with special focus on the sustainable use of pesticides to avoid health
hazards.
Combining village land use plans and district plans.
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Conclusion
Land use planning for tenure security
There are evidences from developing countries that land use planning can improve tenure security. The case studies presented here, although not specially designed for tenure improvements, had tremendous effects in improving tenure security. We have no doubts that if conscious efforts are made towards tenure security improvements through land use planning, even better results may be realized.
What we have not done:•Argue against titling;•Downplay the importance of intermediate options. What we have done•Acknowledge that, with regards to tenure security, titling has limits. •Bring into focus the role land use planning can play in improving tenure.•Acknowledge that the level of tenure security caused by land use planning would primarily depend on cultural contexts, country perspectives, legal frameworks and individuals’ perceptions of tenure.
