Free Sample Certificate of Indigenous

Document Sample
Free Sample Certificate of Indigenous Powered By Docstoc
					 World Bank study on
Good governance in land

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

       Klaus Deininger & Malcolm Childress

• 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:
• 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
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.
                       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

Description: Free Sample Certificate of Indigenous document sample