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					 World Bank study on
Good governance in land
    administration


     ILC workshop on Land Indicators
          Rome, Dec. 8, 2008

       Klaus Deininger & Malcolm Childress
                            Motivation

• Land offers enormous potential for large scale corruption
   – Large scale land-grabs, public-land concessions to cronies (Kenya)
   – Land conversion and zoning provides windfall gains with urbanization
   – Particularly relevant with high levels of commodity prices
• … but is also a source of petty corruption in service delivery
   –   High land taxes encourage undervaluation and under-the table payments
   –   ‘Speed money’ to get register transactions or get certificate for credit
   –   Together with rent-seeking by judiciary
   –   Example India: Land sector 3rd in TIs corruption ranking, after police & courts
   –   Estimated bribe payments (by the poor) > $ 700 mn a year
• This reduces economic activity and hurts the poor
   – ‘Serious” investors can not get access to land
   – Land transactions are not registered, financial sector development impaired
   – Negative spillovers way beyond the land sector
   But there is considerable potential
• Technology can make processes more transparent
   –   Remote sensing makes data acquisition much easier
   –   IT can improve access to information & conduct of transactions
   –   Allows monitoring of progress by users (case tracking, e-governance)
   –   Example: Land record computerization in Maharashtra
• Increased incentives for governments
   – Registries can generate high levels of resources
   – Land information critical for natural resource & disaster management
   – Including avoided deforestation & carbon payment
• Cross-country effects of publicity of information
   – Land information in World Bank’s ‘Doing Business’ indicators
   – Incentive for reform in a number of cases
   – Coordination among donors
• What is needed to utilize the potential?
   – Political commitment at country, regional and global level (FAO, AU, etc.)
   – Agreed methodology to assess land governance at country level (WB)
 Methodology: Building on PEFA
• Public Expenditure & Financial Accountability framework
    –   Aim: Comprehensive overview integrating multitude of studies & approaches
    –   Coordinated among donors (EU, IMF, bilaterals, with WB as secretariat)
    –   Goals: Country ownership, donor harmonization, progress monitoring, impact
    –   Basis for policy dialogue & policy-based support
    –   Reports (based on joint missions) for >40 countries since 2006: www.pefa.org
• How can we adapt this to land administration?
    –   Establish 5 broad areas, 22 indicators, some 80 dimensions of good governance
    –   Each dimension is scored from A to D, ideally based on quantitative information
    –   Comparing scores across countries: Identify areas for immediate policy attention
    –   Assessments can be repeated at 2-3 year intervals to assess progress
    –   Results to feed into existing mechanisms (country policy, APRM, assistance strategies)
    –   3 advantages: Highlight land issues, allow better coordination, cross-country comparison
• What are the 5 broad areas?
    –   Legal & institutional framework
    –   Land use planning, management, and taxation
    –   Acquisition, management, and disposal of public land
    –   Public provision of land infomration
    –   Dispute resolution & conflict management
   Legal and institutional framework I
• A continuum of rights is legally recognized
    – Main types of existing (customary & individual) tenure regimes recognized
    – Group rights & procedures for groups’ legal representation/management exit
    – Transition to more individualized tenures possible with proper safeguards
• Land rights can actually be enforced
    – Boundaries to communal land are surveyed & associated claims registered
    – Majority of individual properties are formally registered
    – Tribal/indigenous rights are demarcated
• Definition of rights is (or can be made at low cost) consistent with practice
    – Non documentary evidence can be used to establish property claims
    – Adverse possession exists
    – Upgrading of tenure is not restricted by ability to pay
• Rights, obligations, and enforcement mechanisms understood by affected
    – Individuals concerned are aware of content of rights and ways to transfer them
    – Land owners know how their obligations limit unfettered exercise of rights & who can
      legitimately impose such restrictions
    – Ways of resolving conflicts and enforcing rights are known to the population
• Restrictions on rights do not drive large shares into informality
    – Stamp duties (or other transfer taxes) are low compared to land values
    – Restrictions on ownership or transfers (ceilings, proper use clauses, minimum sizes) do
      not affect majority of population and drive them into informality
  Legal and institutional framework II
• Institutional mandates are clear, non-overlapping, info is shared
   –   Geographic distinction (rural, urban, environment)
   –   Ways to shift between geographic domains are well regulated
   –   Administrative distinction (different levels of government)
   –   Information maintained uniformly across domains, facilitates information-sharing
• Policies formulated via legitimate & inclusive decision-making
   – Land policy statement, drawing on wide input, exists
   – Mechanisms for regular reporting are in place
   – Processes for making policy decisions ensure input/participation by those affected
• Principles of equity, non-discrimination accounted & monitored
   – Policy explicitly incorporates equity goals
   – Specific policies to enhance equity implemented in a non-discriminatory way
     with regular performance reviews & audits of responsible institutions
   – Share of land registered in name of females is close to 50%
   – Gender aspects of land rights are monitored
Land use planning, management, taxation
• Land use regulations ensure cost-effective public goods
   –   Responsibility for imposing restrictions at appropriate level
   –   Zoning for industrial development linked to development conditions
   –   Rate of urban land delivery in line with urban population growth
   –   Building standards are adhered to
   –   Plot size standards are adhered to
• Information to enforce land use regulations is available
   –   Appropriate land use plans available for majority of country
   –   Share of residential areas with updated land use plans is high
   –   Share of forest land used for non-forest purposes is low
   –   Majority of residential land has access to basic services
• Changes in zoning made transparently & participatory
   – Requirement of public approval for changes in land use plans
   – Mechanisms for public capture of most of gains from rezoning
Land use planning, management, taxation
 • Existing land use restrictions are enforced
    – Separation of powers between land owners, authorities imposing, and those
      enforcing restrictions
    – Development conditions enforced uniformly & transparently
 • Restricted land use permits granted promptly, predictably
    – Building permits are granted expeditiously
    – There is little discretion on whether or not a building permit will be granted
 • Tax valuations are public, clear, applied uniformly, updated
    –   Valuation rolls available publicly
    –   Up to date receipts to prevent erosion of tax receipts
    –   Amount of property tax collected above cost of collection
    –   Amount collected close to potential
 • Significant share of property tax revenues to local bodies
Public land management, acquisition, disposal

• A geographic inventory of state owned land is available
   – Inventory exists and is publicly available
   – Accounts of entities holding public land are subject to scrutiny
   – Significant share of benefits from exploiting public lands to low levels
• Expropriation only for public good, fair, transparent
   –   Expropriation only for public good
   –   Little land transferred to private investors (direct negotiation)
   –   Most expropriated land transferred to destined use within 2 years
   –   Land owners receive compensation within one year
   –   Compensation is comparable to market values
   –   Independent avenues for complaints against expropriation exist
• Transfers of ownership or use rights follow clear process
   – Most state land is transferred through auction or open tender
   – Lease payments are similar to what could be received in private market
   – Lease payments are actually collected
  Public provision of land information
• Land registry geographically complete
   –   Completeness of the land registry in recording private rights
   –   Completeness of mapping base for registered rights
   –   Registry contains information on all economically relevant encumbrances
   –   Info can be searched by parcel and holder & accessed free by all parties
• Registry information sufficient for inferences on ownership
   –   Registry information is up to date
   –   Registry info allows reliable inference on ownership
   –   Customer service standards established and adhered to throughout the system
   –   Mechanisms to ensure compliance with service standards available
• Cost-effectiveness of land registries
   – Total cost of running the registry (per parcel or transaction) is
     justifiable in terms of benefits provided
   – User fee for registering different interests is in line with cost
• Financial sustainability and transparency
   –   Majority of running cost of registry recovered from user fees
   –   Clear schedule of fees exists & is publicly available
   –   Receipts are issued for all transactions
   –   Side payments are actively discouraged
Dispute resolution & conflict management
 • Responsibility for conflict resolution is clearly assigned
    –   Institutions to resolve conflict accessible at low cost for majority of population
    –   Judges in formal & informal sector are well informed about law & procedures
    –   Work load is manageable & incentive structure appropriate
    –   Conflicts enter the formal system only if informal mediation has failed
 • Possibility of appeal
    – Forum shopping and parallelism are actively discouraged
    – Rulings on land disputes can be appealed against
 • Level of unresolved conflict is low and not systematic
    –   Most of the conflicts entering the formal system resolved within one year
    –   Few conflicts older than 5 years
    –   Long standing conflicts dealt with by policy changes & special measures
    –   No concentration of conflicts with specific social groups or regions
                                      Example
LGI-2. Enforcement of rights: The rights recognized by law are actually enforced


Dimension              Minimum requirements
(ii) Registration of   A – More than 90% of individual properties are formally registered.
individually held
                       B – Between 70% and 90% of individual properties are formally registered.
properties
                       C – Between 50% and 70% of individual properties are formally registered.
                       D – Less than 50% of individual properties are formally registered.
(iii) Women’s rights   A – More than 45% of land is registered in the name of women (either
are recognized by      individually or jointly).
the formal system
                       B – Between 35% and 45% of land is registered in the name of women (either
                       individually or jointly).
                       C – Between 15% and 35% of land is registered in the name of women (either
                       individually or jointly).
                       D – Less than 15% of land is registered in the name of women (either
                       individually or jointly).
          How to collect this information?
• Panels (7) of experts & civil society
   – Provide written background information & ranks for relevant dimensions
   – Identify/validate typologies of situations & frame for sampling (exprop.)
   – Agree on joint consensus ranking & identify areas where more info needed
• Quantitative sampling of specific cases/processes
   – Court cases at various levels: Share land-related, typology, duration, ….
   – Expropriations & dispositions of public land
   – Area sample (0.5 km2 blocks) of plots for registry coverage/actualization &
     associated household sample for legal knowledge
   – Registry user survey (based on classification of users)
   – Goal is to establish & demonstrate methodology only
• Finalization of reports & methodology
   –   Assess robustness/variance of rankings within & across countries
   –   Usefulness as an input into policy dialogue & strategy formulation
   –   Modalities for up-scaling with partners (AU, country departments, etc.)
   –   Scope for deriving a handful of quantitative cross-country indicators
       Where we stand and what next?
• Pilot application in 5 ctries to validate concept (done)
   –   Kyrgiz Rep., Indonesia, Tanzania, Burkina, Peru
   –   Country coordinators completed rankings (5 days/country)
   –   High value to identify areas for policy change & assess broad picture
   –   Very positive reception in the Bank (esp. governance)
• Conduct of country-level panels (end 2008)
   – Assess robustness of indicators & rankings
   – Compare across the pilot countries & refine methodology
   – Identify sampling strategies & questionnaires in each country
• Sampling (March/April 2009) & conclusion of study
   –   Assess variation between experts’ prediction & reality
   –   Use as a basis for policy dialogue in pilot countries
   –   Refine & streamline methodology, issue overall report
   –   Discuss with partners how to use it most effectively in light of results
   How can this feed into indicators?
• Interest in a roll-out a la PEFA
   –   Agreement on methodology by partners; WB as Secretariat
   –   Joint missions & reports in 10-15 countries per year feasible?
   –   Build up of joint knowledge base to engage in policy dialogue
   –   Political economy case studies for ‘best practice’ in policy reform
   –   Exploring options for funding of these
• Will be extremely useful for policy
   – The topic is of critical importance & political commitment generated
   – Can provide basis to greatly expand policy dialogue & lending
   – & help to harmonize approaches among all partners
• Use admin. data for comparable indicators
   – Will be reliable, country-owned, actionable, include equity
   – Need to ensure political action to improve these
   – Lobbying by civil society essential to ensure this

				
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