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Download the file - United Nations Rule of Law

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conditionality <strong>of</strong> local community development.These procedures could be regulatedand implemented on <strong>the</strong> basis <strong>of</strong> multilateralcharters. 27 In <strong>the</strong> case <strong>of</strong> state co-ownership<strong>of</strong> fossil energy reserves, <strong>the</strong> local populationsshould be included in <strong>the</strong> chain <strong>of</strong> value additionby tradable shares in general public funds.Distributing among <strong>the</strong> poor shares or o<strong>the</strong>rforms <strong>of</strong> ownership participation in state ownedcompanies that exploit <strong>the</strong> natural resourceswill provide <strong>the</strong>m with capital that, inter alia,can propel <strong>the</strong> expansion <strong>of</strong> small businesses.Ano<strong>the</strong>r option is distributing titles to specialfunds created by governments to invest pr<strong>of</strong>itsyielded by commodities. 287) Utilise Modern Technology. Manual systems<strong>of</strong> land registration are highly labour intensiveand lead to significant error and duplication.Moreover, <strong>the</strong> costs <strong>of</strong> manual land survey andregistration processes are <strong>of</strong>ten prohibitive.Recent advances in technology, including <strong>the</strong>widespread availability <strong>of</strong> satellite imageryand handheld GPS devices, toge<strong>the</strong>r with institutionalarrangements that put local actorsin charge <strong>of</strong> systematic adjudication, can significantlyreduce <strong>the</strong> cost and effort <strong>of</strong> issuingland registration documents. Moreover, moderntechnology can help to improve transparencyand at <strong>the</strong> same time make land administrationmore accessible. 29 There are caveatsto this process, identified in <strong>the</strong> report.Based on <strong>the</strong>se principles, developing countrygovernments, supported by <strong>the</strong> internationalcommunity, must devise a series <strong>of</strong> innovative,pro-poor land reform policies that are distinctlyfocused on ensuring that more <strong>of</strong> <strong>the</strong> benefits <strong>of</strong>property systems accrue to those at <strong>the</strong> very bottom<strong>of</strong> <strong>the</strong> economic ladder. A careful stocktaking<strong>of</strong> such efforts already underway in various parts<strong>of</strong> <strong>the</strong> world, including analysis <strong>of</strong> conditions thatgave rise to such efforts, and possibilities for <strong>the</strong>irexpansion, will be instructive. We can developtransitional reform mechanisms from experiencein <strong>the</strong> Philippines, for example, where <strong>the</strong> nationalgovernment employs intermediate instruments <strong>of</strong>land tenure, such as land proclamations, to assure<strong>the</strong> poor that <strong>the</strong>y will not be evicted fromland <strong>the</strong>y occupy, and that social services will beimproved while plot ownership is formalised. 30Or we consider how <strong>the</strong> South African experiencewith Mzansi accounts, providing low-fee bankingfor poor people working in <strong>the</strong> informal sector,could be replicated elsewhere. 31 Modalities exist toempower <strong>the</strong> poor through property rights, but wemust now scale up and catalyse <strong>the</strong>m.ConclusionLegal Empowerment <strong>of</strong> <strong>the</strong> Poor through propertyrights requires sustained efforts. Property systemsthat exclude large segments <strong>of</strong> <strong>the</strong> global populationfrom property rights have to be discontinuedand we must expand <strong>the</strong> zone <strong>of</strong> legitimate landtenure through improved access and security.Developing country governments must enter intoa compact with <strong>the</strong>ir own citizens and with <strong>the</strong>international community to support this reform.The aid community understands that propertyrights must be a central tenet <strong>of</strong> any efforts toreduce poverty, and allocates funding on thisbasis. Today, <strong>the</strong> key challenge is to consolidatethinking and draw good practice from effectiveinterventions to date to improve pro-poor outcomes,develop effective land management institutions,establish clear rules for <strong>the</strong> management<strong>of</strong> public land, and streng<strong>the</strong>n <strong>the</strong> institutionalframework and mechanisms for land transfer andaccess. Property rights are too central to humandignity and prosperity for current thinking andpractice to continue. Only with empowermentthrough property rights can we truly seek to reduceglobal poverty and reduce inequality.72

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