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Download the file - United Nations Rule of Law

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Policy responses to tenure insecurity143Box 6.8 The Global Land Tool NetworkThe Global Land Tool Network was initiated in 2004 with <strong>the</strong>twin objectives <strong>of</strong> increasing global knowledge, awareness andtools to support pro-poor and gender-sensitive land management;and working in selected countries to apply pro-poor and gendersensitivetools in line with <strong>the</strong> <strong>United</strong> <strong>Nations</strong> recommendationson reform and aid effectiveness. Its broad aims are to:• Promote a continuum <strong>of</strong> land rights, from perceived security<strong>of</strong> tenure to intermediate forms <strong>of</strong> tenure such as certificates,and including individual freehold title.• Improve and develop pro-poor tools on land managementand land tenure.• Assist in unblocking existing initiatives.• Assist in streng<strong>the</strong>ning existing land networks.• Improve global coordination on land.• Assist in <strong>the</strong> development <strong>of</strong> gendered tools that are affordableand useful to <strong>the</strong> grassroots.• Improve <strong>the</strong> general dissemination <strong>of</strong> knowledge about howto achieve security <strong>of</strong> tenure.The network works through a series <strong>of</strong> partners to developinnovative, affordable and scaleable land tools. Eight priority areashave been identified for its activities, namely:• affordable national land records management (land access andland reform);• land administration and land governance;• land administration approaches for post-conflict societies;• land-use planning at <strong>the</strong> regional, national and city-wide levels;• affordable gendered land tools (e.g. on adjudication);• affordable and just estates administration (especially forHIV/AIDS areas);• pro-poor expropriation and compensation; and• pro-poor regulatory frameworks for <strong>the</strong> private sector.Source: Global Land Tool Network, www.gltn.netAs noted above, <strong>the</strong>re are few more contentious andcomplex problems in <strong>the</strong> world than those dealing with landand secure tenure. At <strong>the</strong> same time, very few pro-poor,gender-sensitive tools exist to address land issues. As aresult, while many excellent land policies have been drafted,implementation <strong>of</strong> <strong>the</strong>se policies remains a pr<strong>of</strong>ound barrierto poverty reduction and <strong>the</strong> achievement <strong>of</strong> <strong>the</strong> MDGs. TheGlobal Land Tools Network, initiated by UN-Habitat, is arecent initiative that seeks to respond to this challenge (seeBox 6.8).LAND ADMINISTRATIONAND REGISTRATIONThe question <strong>of</strong> land administration and registration is alsovital in any attempt aimed at ensuring that security <strong>of</strong> tenurewill best serve <strong>the</strong> interests <strong>of</strong> <strong>the</strong> urban and rural poor.Land administration can be defined as <strong>the</strong> way in whichsecurity <strong>of</strong> tenure rules are actually made operational andenforceable, and while linked to titling, it deals more with<strong>the</strong> administrative aspects <strong>of</strong> how tenure rights are accordedand managed by <strong>the</strong> civil authorities concerned. Theseprocesses can involve allocating rights in land, determiningBox 6.9 The importance <strong>of</strong> efficient land administration systemsIn a recent study on access to land and land administration, focusingon rural land after violent conflict, <strong>the</strong> <strong>United</strong> <strong>Nations</strong> Foodand Agriculture Organization (FAO) makes a number <strong>of</strong> observationsthat are relevant to urban areas as well:… land registration is not inherently anti-poor in itsimpacts and … <strong>the</strong> distributional consequences <strong>of</strong> landregistration depend on <strong>the</strong> design <strong>of</strong> <strong>the</strong> registrationprocess and <strong>of</strong> <strong>the</strong> institutions responsible for itsmanagement. Land registration systems can be set upso as to address <strong>the</strong> risk <strong>of</strong> bias against poorer andmarginalized groups by considering issues <strong>of</strong> language,cost and accessibility and by recording secondaryrights.Attention also needs to be paid to establishingeffective accountability mechanisms for <strong>the</strong> institutionsimplementing land registration programmes, as well asfor oversight and dispute settlement institutions.Our work demonstrates <strong>the</strong> limitations <strong>of</strong> thoseapproaches that assume that <strong>the</strong> ‘legal empowerment<strong>of</strong> <strong>the</strong> poor’ may be promoted simply by providing landtitles. In reality, different models <strong>of</strong> land registrationexist, local contexts vary substantially, and overlappingrights on <strong>the</strong> same piece <strong>of</strong> land may coexist.Therefore,<strong>the</strong> real issue is not embracing readily availableblueprint solutions based on Western models, butra<strong>the</strong>r learning how to design land registration systemsthat secure <strong>the</strong> land rights <strong>of</strong> poorer and more marginalizedgroups in specific geographic and historicalcontexts.In addition, whe<strong>the</strong>r land titles or o<strong>the</strong>r registrationdocuments improve land tenure security <strong>of</strong> localland users depends on <strong>the</strong> existence <strong>of</strong> strong localinstitutions that are able to uphold and defend <strong>the</strong>rights embodied in those documents. Building <strong>the</strong>capacity <strong>of</strong> local land institutions over time is <strong>the</strong>reforea key challenge.Source: FAO, 2005, p27

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