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03-04: Expanding and Sustaining Land Registration
Land Policy and Urban Development in Mali: Coping with the Data Quality Challenge
1Institute of Research for Development (French IRD), France; 2Université des Sciences Sociales et de Gestion de Bamako, Mali; 3Institut d'Economie Rurale, Mali
This paper deals with administrative data regarding the registered land property in Mali, especially in the capital city of Bamako and surroundings. For the last two years, two studies have been focusing on the exponential flow of new titles and their beneficiaries, on the one hand; on the availability of geospatial data regarding these formally secured rights, distinct from provisional and customary rights, on the other hand. The analysis has put the stress on the noticeable challenge of data quality; however it has been conducted along with the reform of land management which has been launched by the government of Mali in 2014.
This work identifies many methodological limits but also the informative potential of the existing documentation at the scale of two regions and about twenty municipalities. The research partnership is therefore founded in its role: for measuring the process of urban sprawl and land grabbing; for documenting a shared vision of planning the peri-urban area; for highlighting the current critical and deregulated land management, and its consequences for urban investments. A knowledge and data strategy is finally advocated for putting the common interest at the core of land and urban policies in Mali.
Implementation challenges of land administration in rural areas of Haiti: from the elaboration of a pre-cadaster methodology to the land tenure reform
1Comité Inter Ministériel d'Aménagement du Territoire, Haiti; 2Inter American Development Bank; 3World Bank
The earthquake of January 12, 2010 highlighted the deep institutional weaknesses in terms of land tenure in Haiti. It showed the failures of the current system of identification of property, people and rights. This results in high land insecurity for the majority of Haitian and has consequences for land use planning competencies including the protection of natural areas, agricultural productivity but also for tax collection capacity.
In the face of such challenges, the Haitian government decided in 2011 to deal with the Land tenure reform as a whole, proposing to change the legal framework, modernizing land administration tools and elaborating a methodology for the establishment of a “pre-cadaster”. The developed “Plan Foncier de Base” (PFB) is a pre-cadaster consisting of a permanent geo-referenced data base on land tenure that links parcels, owners/occupants and land rights. The objectives of the reform are to improve the security of rights on land for both people and investors.
But while the PFB is a big step towards the development of the cadaster, several challenges for cost-effective and fast expansion of coverage, but also to obtain land appraisal remain to be solved. Those elements will be discussed throughout the paper.
Role Constructive Notice Could Play to Formalize Property Rights in Kosovo
Tetra Tech, United States of America
For cultural and historic reasons property rights in Kosovo have been transacted outside the cadastral system creating widespread informality. This paper discusses reasons for informal land holdings in Kosovo, how they have been exacerbated by displacement caused by the1998-1999 conflict, and recognition by the country’s National Strategy on Property Rights of the need for an adjudicatory body applying streamlined administrative procedures to provide legal recognition of informal rights to update Kosovo’s cadastral records and resolve informality at scale. Through legal analysis, the paper explains how the legal doctrine of “constructive notice” coupled with a statutory deadline within which rights must be asserted can be applied to administrative procedures to make the process of rights recognition more efficient. Constructive Notice must, however, be delivered through robust public information and outreach campaigns to ensure any parties with an interest in the claimed property, particularly displaced persons and women, are provided with knowledge of the formalization proceedings and information required to assert their rights. Through more effective notification of formalization proceedings, the Government of Kosovo can efficiently resolve informality at scale while providing due process safeguards to protect the property rights of all its citizens.
Land Administration and Management in Haiti Program: Next Action Phase Delivering Scalable Community Level Solutions
Habitat for Humanity International (retired), United States of America
The ongoing work of the Haiti Property Law Group has reached impressive milestones with the support of the Land Administration and Management in Haiti Project (“LAMP”) and is beginning an exciting new phase. LAMP has supported steps by the Haiti Property Law Working Group to advance access to land rights while leveraging substantial in-kind and financial resources. The Haiti Property Law Working Group, Groupe Foncier, which began in 2011, has evolved into a highly effective nearly all Haitian forum for developing tools and actively tackling property rights issues. The Group of nearly 300 professionals (notaries, lawyers, surveyors), representatives of Haitian and other governments, donors, the business sector, civil society and NGOs, has developed a common understanding of current customary and formal land laws through the research and publication of two manuals and training materials. Based upon this five-year foundation, the Group is launching a new action phase applying the tools it created to solve individual and community-based land rights issues The session will share the highlights as the LAMP enters a new phase in its transformative work. The session will include discussion of the replicability of this work and next steps.