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Download the file - United Nations Rule of Law

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addition to setting clear fee structures that are wellpublicized, reduction <strong>of</strong> stamp duties, possiblyby replacing <strong>the</strong>m with a land tax to be assessedat <strong>the</strong> local level, would be desirable. Such a tax,complemented by a capital gains tax if necessary,could encourage productive land use and reduceincentives for speculative land accumulation, thusmaking productivity-enhancing outcomes fromland sales markets more likely. Moreover, adjudicationand dispute settlement can be embeddedin a cost-saving, community-based participatoryprocess. It is cost-effective for <strong>the</strong> state to investin <strong>the</strong> capacity <strong>of</strong> a pool <strong>of</strong> potential conciliatorsat a community or district level <strong>of</strong> government. 130For any first-time registration <strong>of</strong> land rights to havea lasting and pro-poor effect, it needs to be integratedwith systems to maintain registry records upto date in a cost-effective way that is in line withwhat users are able and willing to pay.Modern GPS and Information Technology. Inmany contexts <strong>of</strong> <strong>the</strong> developing world, <strong>the</strong> technicalcosts <strong>of</strong> titling and land registration havebeen considerably reduced by computerisationand GPS systems. 131 Modern technology can helpto improve transparency and at <strong>the</strong> same timemake administration more accessible. 132 As <strong>the</strong>purpose <strong>of</strong> land registries is to give public notice<strong>of</strong> land ownership and transactions, makingregistry information available publicly on <strong>the</strong> Internetand promoting Internet access can reducetransaction cost and by allowing independentcross-checks, greatly increase public confidencein <strong>the</strong>m. The transition to an all-digital, internetenabledland registration system is not withoutpitfalls. Corruption can easily increase in <strong>the</strong>early phase, because <strong>the</strong> opportunity for altering<strong>the</strong> records before digitisation is high. The introduction<strong>of</strong> all-digital and internet-based registrysystems has to be carefully prepared and preemptiveaction to <strong>the</strong> altering <strong>of</strong> records taken.Corruption is reduced dramatically once <strong>the</strong> systemsare operational. 133Financial Self-sustainability. Land administrationinstitutions will be viable in <strong>the</strong> long term andindependent from political pressure only if <strong>the</strong>ycan sustain <strong>the</strong>ir recurrent operations financially,without charging more than <strong>the</strong> poor are able topay. This in turn is a precondition for all <strong>the</strong> o<strong>the</strong>rbenefits from land administration to materialise.Separation <strong>of</strong> Powers <strong>of</strong> Land Registration andPublic Land Management. Land administration,i.e. all matters relating to land rights should beindependent from <strong>the</strong> authorities in charge <strong>of</strong>state land management and use. This reduces <strong>the</strong>possibility <strong>of</strong> abusive practices where <strong>the</strong> state isonly <strong>the</strong> means through which individuals pursue<strong>the</strong>ir particular interests and <strong>of</strong> which <strong>the</strong> poorare usually <strong>the</strong> first victims.Increasing Transparency in Public Land Use andPlanningGovernments’ large-scale ownership <strong>of</strong> land,its ability to impose planning restrictionsand to expropriate without adequate compensationalso contributes to tenure insecurity <strong>of</strong> <strong>the</strong>poor who have no government lobby. 134Define Government’s Land Rights and Duties andEstablish an Inventory <strong>of</strong> Government Land: Invirtually all countries, <strong>the</strong> government nominallyowns large amounts <strong>of</strong> land. However, <strong>the</strong> extent<strong>of</strong> such claims and associated rights and obligationsare <strong>of</strong>ten not well defined. At worst, thisencourages sell-<strong>of</strong>fs <strong>of</strong> public assets to <strong>the</strong> wellconnectedleading to a speculative accumulation<strong>of</strong> large non-productive land holdings or concessions.Keeping public land at <strong>the</strong> necessary minimumand defining <strong>the</strong> responsibilities <strong>of</strong> differentlevels <strong>of</strong> government in terms <strong>of</strong> managing publicland would be a first step that should be followedby a inventorying and registering <strong>of</strong> state land96

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