Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
Aalborg Universitet
Land Administration
Facilitating Spatially Enabled Government and supporting the Global Agenda
Enemark, Stig
Published in:Beyond Spatial Enablement : Proceedings of 4th UN Sponsored PCGIAP Land Administration Forum, 5-7October 2011, melbourne, Australia
Publication date:2011
Document VersionEarly version, also known as pre-print
Link to publication from Aalborg University
Citation for published version (APA):Enemark, S. (2011). Land Administration: Facilitating Spatially Enabled Government and supporting the GlobalAgenda. In Beyond Spatial Enablement : Proceedings of 4th UN Sponsored PCGIAP Land AdministrationForum, 5-7 October 2011, melbourne, Australia
General rightsCopyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright ownersand it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.
? Users may download and print one copy of any publication from the public portal for the purpose of private study or research. ? You may not further distribute the material or use it for any profit-making activity or commercial gain ? You may freely distribute the URL identifying the publication in the public portal ?
Take down policyIf you believe that this document breaches copyright please contact us at [email protected] providing details, and we will remove access tothe work immediately and investigate your claim.
Downloaded from vbn.aau.dk on: June 15, 2020
L
Land gonatural and landeal witway or conceptwill invo This paspatiallyunderstaand asseLand achallengand rapland adm
LAND ADM4th U
Faci
overnance iresources ad developmth the four fanother. A
tual framewolve very fra
aper providy enabled and more abets on that l
administratioges of the n
pid urban grministration
MINISTRATIUN SPONSO
ilitating sup
Dep
is about theare managed
ment. All coufunctions ofcountry’s
work supporagmented an
des an overgovernmen
bout the natlocation, weon should
new millennrowth. Landn systems th
BEYONG SION TO SUPORED PCGIMELBOURN
Land ASpatiall
pporting
SProfessor
partment ofAalborg
e policies, pd. This incluuntries havef land tenurcapacity ma
rted by sophnd basically
rall understnt. Place mture of “plae can plan b
also suppoium such as
d Governancherefore nee
1
SPATIAL ENPPORT SPAIAP LAND ANE, 5 - 7 OC
Adminisly Enab
g the Glo
Stig Enemar in Land Mf Developme
University,
processes anudes decisioe to deal w
re, land valuay be advahisticated ICy analogue a
tanding of matters! Evace” where tbetter, manaort the glos climate chce and the o
ed high-level
NABLEMENATIALLY ENADMINISTRCTOBER 201
stration:led Gov
obal Age
ark Management
ent and Plan, Denmark
nd institutioons on acceith the manue, land usenced and cCT models. approaches
the land merything hathings happ
age risk bettobal agendahange, natuoperationall political su
NT NABLED GORATION FOR11
vernmenenda
nning
ons by whichess to land, lnagement ofe, and land combine all
More likelys.
managemenappens somen, and the
ter, and use da through
ral disasterl componentupport and
OVERNMENRUM
nt and
h land, propland rights,f land. Thedevelopmenthe activiti
ly, however,
nt paradigmmewhere. Ifimpact on tour resourcaddressing
rs, poverty rt of spatiallyrecognition
NT
perty and land use,
ey have to nt in some ies in one , capacity
m towards f we can the people ces better. g the key reduction, ly enabled n.
1. INT
Imagineto land afor propland is nof 250 hand with Land adinfrastrusocial eadvancecountriefound in Until 2attentionmortgagadequatthat caneconom
An ovechange. developimmediaintegratiinformamaking,
TRODUCT
e a country wand propertperty improvnot controllehectares wihout basic w
dministratioucture for imequity, econed conceptues; or it man less develo
008 the den to it. Buge policies te and timelyn be derive
mies (William
erall theme For man
pment, enviate concerning agencie
ation to wor, and so on.
TION
without anyty cannot bevement anded through oith more thawater and sa
on systems (mplementinnomic grow
ual framewoay be throuoped countr
eveloped wout the globand processy land infored from effmson, Enem
in the boony countrieironmental ns. For mores in relatirk for emerg
y basic admie secured, and business doverall planan 1 millionanitary servi
(LAS) are ang land relatwth and enork supporteugh very fraries.
orld often bal economses and thermation. Simffective landmark, Wallac
The reDevelo2010) eway peprovidepoliciesthe caimportachangingeograpworld.
ok is abouts, meetingsustainabilie developedively succegency mana
2
inistration ond that mor
developmentnning policien inhabitantices.
about addreted policiesnvironmentaed by sophiagmented a
took land mic collapseeir related cmply, informd administrce, Rajabifa
ecent bookopment” (Wexplores theeople relatees a countrys and land dastre in oance of spng world, tphic and lan
t developing the challity, and mad countries,essful land agement, en
of land – thertgage loanst. Imagine tes and regults lacking th
essing theses and land mal protectioisticated ICTand basically
administrat has sharp
complex commation aboutration systerd, 2010).
k “Land AWilliamson, e capacity oe to land. y with the imanagemenorganising patially enathe book end informat
g land admlenges of anagement , immediateadministrat
nvironmenta
eir key asset cannot be ethat the uselations. Andhe most ba
e problems bmanagemenon. A systeT models asy analogue
tion for graply focused mmodities, t land and la
ems plays a
AdministratiEnemark, f the systemA land ad
infrastructurnt strategiesland right
abled goveemphasises tion system
ministration poverty alof rapidly
e concerns ition systemal protection
t. Imagine thestablished
e and develod imagine a sic occupat
by providinnt strategies em may ins in many dapproache
anted and pworld atte
and on theand market a critical ro
ion for SuWallace, R
ms that admidministratiore to implems. From the s to the i
ernment in the need f
ms to better
capacity tolleviation,
growing cinvolve upd
ms, and putn, economic
hat tenure as a basis
opment of slum area
tion rights
ng a basic to ensure
nvolve an developed s that are
paid little ention on e need for processes ole in all
ustainable Rajabifard, inister the
on system ment land origin of
increasing an ever
for strong serve our
o manage economic
cities, are dating and tting land c decision
2. LA A Landland-reldisciplinon secureflectedUNECEdisseminmanage For thetransitioimproveThat is,tenure, v The focupushes tland minformareorganirequired
The fouare diffcenteredmodern
AND ADMI
d administraated policiene. It has evurity of landd the introd
E viewed lannating informent polici
e first timeon from a e LAS coul to managevalue, and u
us on informthe design o
management ation approaized land ad. Such a glo
Fi
ur land admiferent in thed on cadast
land admi
NISTRATI
ation systemes and landvolved out od rights. Coduction of cnd administrmation aboes”(UN-EC
, efforts tocommand d all be app
e land and ruse of land i
mation remaof LAS tow
strategies ach needs toadministratioobal land ad
gure 1. A Glo
inistration fueir professiotral activitieinistration s
ION SYSTE
m (LAS) prod managemof the cadasonsolidationcomputers atration as reout the owneCE, 1996).
o reform deto a markeproached frresources “in isolation”
ains but the ward an enab
in supporto be replacon systems dministratio
obal land adm
functions (laonal focus. es in relatiosystems de
3
EMS
ovides a coment strategister and landn of land aand their caeferring to “ership, valu
eveloping cet-driven ecrom a singlefrom a broa
” (Dale and
need to addbling infrastt of sustainced by a mo
to performn perspectiv
ministration
and tenure, lHowever,
on to land signed as d
ountry with ies. But land registratioadministratioapacity to rethe processe
ue and use o
countries, tconomy, ane disciplinarad perspectMcLaughlin
dress land mtructure fornable deveodel capabl
m the broadeve is presen
perspective
land value, even if lantenure and
described i
the infrastrnd administon areas witon as a diseorganize laes of determ
of land, whe
o assist cond to help ry standpoitive rather tn 1999, pref
management r implementlopment. Inle of assistier and integ
nted in figure
(Enemark, 20
land use, annd administrd land inforn figure 1
ructure to itration is nth their specscipline in tand informamining, recoen implemen
ountries in developed
nt, at least than to deaface).
issues systeting land pon simple ting design ograted functe 1 below.
004)
nd land devration is trarmation man
deliver an
implement not a new cific focus the 1990s ation. The ording and nting land
economic countries
in theory. l with the
ematically olicies and terms, the of new or tions now
elopment) aditionally nagement,
n essential
4
infrastructure and encourage integration of the processes related to land tenure (securing and transferring rights in land and natural resources); land value (valuation and taxation of land and properties); land use (planning and control of the use of land and natural resources); and, increasingly important, land development (implementing utilities, infrastructure and construction planning). Inevitably, all four functions are interrelated. The interrelations appear because the conceptual, economic, and physical uses of land and properties serve as an influence on land values. Land values are also influenced by the possible future use of land determined through zoning, land-use planning regulations, and permit-granting processes. And land-use planning and policies will, of course, determine and regulate future land development. The four functions interact to deliver overall policy objectives, and they are facilitated by appropriate land information infrastructures that include cadastral and topographic datasets linking the built environment (including legal and social land rights) with the natural environment (including topographical, environmental, and natural resource issues). Land information should, in this way, be organized through Spatial Data Infrastructures (SDI) at the national, regional, federal, and local level, based on relevant policies for data sharing, cost recovery, access to data, data models, and standards. Ultimately, the design of adequate systems of land tenure and land value should support efficient land markets capable of supporting trading in simple and complex commodities. The design of adequate systems to deliver land-use control and land development should lead to effective land-use management. The combination of efficient land markets and effective land-use management should support economic, social, and environmental sustainable development. 3. TEN LAND ADMINISTRATION PRINCIPLES Despite the uniqueness of local systems, the range of cognitive frameworks about land, and difficulties in transferring institutions, design of robust and successful LAS is possible. The ten land administration statements in figure 2 below set boundaries for designers, builders and managers of LAS to help them make decisions about their local system. Overall, the statements are written with the goal of making establishment and reform of LAS easier. The statements implement the modern philosophy in land administration to develop and manage assets and resources within the land management paradigm to deliver sustainable development. They are universally applicable. Countries at early stages of development will not be able to use the full array of technical options or specialist skills, but they can improve their land management through appropriately designed LAS. The statements reflect a holistic approach for any LAS, and focus on sustainable development as the overriding policy for any national system, irrespective of whether a country implements property institutions, communal land arrangements, or socializes its land. They highlight the importance of information and participation of people. They set the framework in which the historical development of familiar ingredients, like cadastres and land registries, can be meshed with recent innovations, particularly incorporation of social tenures, new complex commodities appearing in highly organised land markets, and the technical potential of spatial information.
5
1. LAS
LAS provide the infrastructure for implementation of land polices and land
management strategies in support of sustainable development. The infrastructure
includes institutional arrangements, legal frameworks, processes, standards, land
information, management and dissemination systems, and technologies required to
support allocation, land markets, valuation and control of use and development of
interests in land.
2. Land management
paradigm
The land management paradigm provides a conceptual framework for understanding
and innovation in land administration systems. The paradigm is the set of principles and
practices that define land management as a discipline. The principles and practices relate
to the four functions of LAS, namely land tenure, land value, land use and land
development, and their interactions. These four functions underpin the operation of
efficient land markets and effective land use management. “Land” encompasses natural
and built environment including land and water resources.
3. People and
institutions
LAS is all about engagement of people within the unique social and institutional fabric
of each country. This encompasses good governance, capacity building, institutional
development, social interaction and a focus on users, not providers. LAS should be re‐
engineered to better serve the needs of users, such as citizens, governments and
businesses. Engagement with the society, and the ways people think about their land, are
core. This should be achieved through good governance in decision making and
implementation. This requires building the necessary capacity in individuals,
organisations and wider society to perform functions effectively, efficiently and
sustainably.
4. Rights, restrictions
and
responsibilities
LAS are the basis for conceptualising rights, restrictions and responsibilities (RRR)
related to policies, places and people. Rights are normally concerned with ownership
and tenure whereas restrictions usually control use and activities on land. Responsibilities
relate more to a social, ethical commitment or attitude to environmental sustainability
and good husbandry. RRR must be designed to suit individual needs of each country or
jurisdiction, and must be balanced between different levels of government, from local to
national.
5. Cadastre The cadastre is at the core of any LAS providing spatial integrity and unique
identification of every land parcel. Cadastres are large scale representations of how the
community breaks up its land into useable pieces, usually called parcels. Most cadastres
provide security of tenure by recording land rights in a land registry. The spatial integrity
within the cadastre is usually provided by a cadastral map that is updated by cadastral
surveys. The unique parcel identification provides the link between the cadastral map
and the land registry, and serves as the basis of any LAS and the land information it
generates, especially when it is digital and geocoded. The cadastre should ideally include
all land in a jurisdiction: public, private, communal, and open space.
6
6. LAS are dynamic LAS are dynamic. Dynamism has four dimensions. The first involves changes to reflect
the continual evolution of people to land relationships. This evolution can be caused by
economic, social and environmental drivers. The second is caused by evolving ICT and
globalisation, and their effects on the design and operation of LAS. The third dimension is
caused by the dynamic nature of the information within LAS, such as changes in
ownership, valuation, land use and the land parcel through subdivision. The fourth
dimension involves changes in the use of land information.
7. Processes LAS include a set of processes that manage change. The key processes concern land
transfer, mutation, creation and distribution of interests, valuation and land
development. The processes, including their actors and their obligations, explain how
LAS operate, as a basis for comparison and improvement. While individual institutions,
laws, technologies or separate activities within LAS, such as property in land, a land
registry, a specific piece of legislation or a technology for cadastral surveying are
important in their own right, the processes are central to overall understanding of how
LAS operate.
8. Technology Technology offers opportunities for improved efficiency of LAS and spatial enablement
of land issues. The potential of technology is far ahead of the capacity of institutions to
respond. Technology offers improvements in the collection, storage, management and
dissemination of land information. At the same time developments in information and
communications technology (ICT) offer the potential for the spatial enablement of land
issues by using location or place as the key organiser for human activity.
9. Spatial data
infrastructure
Efficient and effective land administration systems that support sustainable
development require a spatial data infrastructure to operate. The spatial data
infrastructure (SDI) is the enabling platform that links people to information. It supports
the integration of natural (primarily topographic) and built (primarily land parcel or
cadastral) environmental data as a pre‐requisite for sustainable development. The SDI
also permits the aggregation of land information from local to national levels.
10. Measure for
success
Successful LAS are measured by their ability to manage and administer land efficiently,
effectively and at low cost. The success of LAS is not determined by complexity of legal
frameworks or sophisticated technological solutions. Success lies in adopting appropriate
laws, institutions, processes and technologies designed for the specific needs of the
country or jurisdiction.
Figure 2. Ten land administration principles (Williamson, Enemark, Wallace, Rajabifard, 2010)
4. LA All coufunctioncountrysupportebasicallyfour fun Arguablthe globgovernaresourceland andsustaina The corwhich lomnipredeliversresourceis specifsystemsbut theymanage
AND GOVE
untries havens of land te’s capacity ed by sophy analogue
nctions, depe
ly sound lanbal agenda
ance is aboues are manad natural reable develop
rnerstone oland tenureesent functis its land poes. What is fic to each js, remain foy are recogment paradi
ERNANCE
e to deal wenure, land may be adv
histicated ICapproachesending on th
nd governana set by adut the policiaged. Land gesources thapment.
f modern l, value, usions performolicy goals bdefined as ljurisdiction,oundational.gnised as onigm is illust
Figure 3. T
with the manvalue, land
vanced and CT models. Different cheir cultural
nce is the kdoption of ies, processegovernance at are requir
land adminie and devemed by orgby using a vland admini, but the cor These ing
nly part of trated in figu
The land man
7
nagement ouse, and la
combine all; or the cacountries wl basis and l
key to achiethe Millenes and insticovers all a
red to fulfill
istration theelopment arganised socvariety of tistration witre ingrediengredients ara society’s ure 3 below
nagement pa
of land. Thand developml the activitiapacity may
will also put level of econ
eve sustainannium Deveitutions by wactivities assl political an
eory is the re considerieties. Withechniques athin these m
nts, cadastrere the focus
land manaw.
aradigm (Ene
hey have toment in somies in one cy involve vvarying emnomic deve
able developelopment Gwhich land,sociated witnd social ob
land manared holisticahin this parand tools tomanagements or parcel m
s of modernagement arr
emark, 2004)
o deal withme way or aonceptual frvery fragme
mphasis on eelopment.
pment and tGoals (MDG
property anth the manabjectives an
agement parally as esseradigm, eaco manage itst techniquesmaps and re
n land admiangements.
)
h the four another. A framework ented and
each of the
to support Gs). Land nd natural
agement of nd achieve
radigm in ential and
ch country s land and s and tools egistration nistration, The land
8
The Land management paradigm allows everyone to understand the role of the land administration functions (land tenure, land value, land use, and land development) and how land administration institutions relate to the historical circumstances of a country and its policy decisions. Importantly, the paradigm provides a framework to facilitate the processes of integrating new needs into traditionally organised systems without disturbing the fundamental security these systems provide. While sustainability goals are fairly loose, the paradigm insists that all the core land administration functions are considered holistically, and not as separate, stand-alone, exercises. Land policy is simply the set of aims and objectives set by governments for dealing with land issues. Land policy is part of the national policy on promoting objectives such as economic development, social justice and equity, and political stability. Land policies vary, but in most countries they include poverty reduction, sustainable agriculture, sustainable settlement, economic development, and equity among various groups within the society. Land management activities reflect drivers of globalization and technology. These stimulate the establishment of multifunctional information systems, incorporating diverse land rights, land use regulations, and other useful data. A third driver, sustainable development, stimulates demands for comprehensive information about environmental, social, economic, and governance conditions in combination with other land related data. The operational component of the land management paradigm is the range of land administration functions (land tenure, value, use and development) that ensure proper management of rights, restrictions, responsibilities and risks in relation to property, land and natural resources. Sound land management requires operational processes to implement land policies in comprehensive and sustainable ways. Many countries, however, tend to separate land tenure rights from land use opportunities, undermining their capacity to link planning and land use controls with land values and the operation of the land market. These problems are often compounded by poor administrative and management procedures that fail to deliver required services. Investment in new technology will only go a small way towards solving a much deeper problem: the failure to treat land and its resources as a coherent whole. Good Governance Governance refers to the manner in which power is exercised by governments in managing a country’s social, economic, and spatial recourses. It simply means: the process of decision-making and the process by which decisions are implemented. This indicates that government is just one of the actors in governance. The concept of governance includes formal as well as informal actors involved in decision-making and implementation of decisions made, and the formal and informal structures that have been set in place to arrive at and implement the decision. Good governance is a qualitative term or an ideal which may be difficult to achieve. The term includes a number of characteristics (adapted from FAO, 2007):
In shortbroadly 5. BE From thdefine tinstitutioorganisalarge. Btenure aof assetland useforms ainformaland par
Figur
t: sustainabl- sound lan
NEFITS T
his global pthe legal ronal framewations. They
Benefits ariseand credit; fts; and prove planning,
a backbone ation and rercels to the n
re 4. Charact
le developmnd governan
O SOCIET
erspective, regulatory pwork that imy should see through thfacilitating viding basic
land develfor society
eliable adminational lev
Good go
Sustasocialgenerlevel t
Legitithrouwith acces
Efficieimple
Transdemoprovid
Particcitizelivelih
Dedicbribe respeprivatgover
eristics of go
ment is not ance.
TY
land adminpattern for mposes manervice the nehe land admefficient lanc informatioopment andand is esse
inistration ovel of policy
9
vernance is:
ainable and ll, and envirations, and to citizens.
imate and eugh democraindividuals
ss to services
ent, effectiveements it effi
sparent, acconstrates steding decision
cipatory andns to particihoods, freedo
cated to inteand give
ects confidente interests rnment.
ood governan
attainable wi
nistration sydealing w
ndates and reeds of ind
ministration nd transferson and efficd environmeential for goof land fromy implement
locally respoironmental locates its
equitable: It tic processeand group.
e and compciently by de
countable anewardship byns in accorda
d providing spate in goveom from crim
egrity: Officiaindependenntiality. Therof officials a
nce (adapted
ithout sound
ystems act wwith land is
responsibilidividuals, busystems gua and land mcient adminental protecood governam the basic tation.
onsive: It balneeds of service prov
has been s and deals ps providing
petent: It foelivering serv
nd predictaby respondingance with rul
security andernment andme and intole
als perform t advice anre is a clear and politicia
d from FAO, 2
d land admi
within adopssues. Theyties on the
usinesses, anarantee of omarkets; supnistrative prction. LAS ance becausfoundationa
ances the epresent andvision at th
endorsed byfairly and img non‐discri
ormulates povices of high
ble: It is og to questioes and regula
d stability: Itd provides seerance.
their dutiesnd judgemeseparation ns and the
2007).
inistration o
ted land poy also act w
various agend the com
ownership, spporting marocesses in designed inse it deliveral level of
conomic, d future e closest
y society mpartially minatory
olicy and quality
pen and oning and ations.
t enables ecurity of
s without ents, and between affairs of
or - more
olicies that within an encies and
mmunity at security of anagement valuation,
n this way rs detailed individual
10
Support for
governance and rule
of law
The formalization of processes used for land management engage the public and business, and,
in turn, this engagement leads to their support for the institutions of government.
Alleviation of poverty A primary means of alleviating poverty lies in recognizing the homes and workplaces of the poor,
and their agricultural land as assets worthy of protection.
Security of tenure This is the method of protecting peoples’ associations with land. It is the fundamental benefit of
formal land administration. Ensuring security throughout the range of tenures used in a country
helps provide social stability and incentives for reasonable land use. Conversion of some of the
rights into property is the core process of commoditization of land needed for effective markets.
Supporting formal
land markets
Security and regularity in land arrangements are essential for successful, organized land
markets. LAS manage the transparent processes that assist land exchange and build capital out
of land.
Security for credit International financing norms and banking practice require secure ownership of land and robust
credit tenures (that is, tenures which support security interests in land) that can only exist in
formal LAS.
Support for land and
property taxation
Land taxation takes many forms, including tax on passive land holding, on land based activities,
and on transactions. However, all taxation systems, including personal and company taxation,
benefit from a national LAS.
Protection of state
lands
The coherence of a national LAS is dependent on its coverage of all land. Thus management of
public land is assisted by LAS.
Management of land
disputes
Stability in access to land requires defined boundaries, titles and interests. If a LAS provides
simple, effective processes for achieving these outcomes, land disputes are reduced. The system
also needs additional dispute management processes to cover breakdown caused by
administrative failure, corruption, fraud, forgery, and transaction flaws.
Improvement of land
planning
Land planning is the key to land management, whether the planning is institutionalized within
government or achieved by some other means. Impacts of modern rural and urban land uses
affect adjoining land and beyond. These impacts need to be understood and managed by
effective land planning assisted by LAS.
Development of
infrastructure
Construction of power grids, gas supply lines, sewerage systems, roads, and the many other
infrastructures that contribute to successful land use, require LAS to balance private rights with
these large scale infrastructure projects, whether provided by public or private agencies.
Management of
resources and
environment
Integration of land and resource uses is a difficult aspect of LAS design. Land and resource titles
require complicated and mutually compatible administrative and legal structures to ensure
sustainability in short and long terms.
Information and
statistical data
Each agency needs to appreciate the importance of information generated through its processes
for the public, business and government generally. More importantly, everyone needs to
understand the fundamental importance of integrated land information for sustainable
development.
Figure 5. Traditional benefits of Land Administration Systems
(Williamson, Enemark, Wallace, Rajabifard, 2010)
11
6. SPATIALLY ENABLED GOVERNMENT Place matters! Everything happens somewhere. If we can understand more about the nature of “place” where things happen, and the impact on the people and assets on that location, we can plan better, manage risk better, and use our resources better (Communities and Local Government, 2008). Spatially enabled government is achieved when governments use place as the key means of organising their activities in addition to information, and when location and spatial information are available to citizens and businesses to encourage creativity. New distribution concepts such as Google Earth provide user friendly information in a very accessible way. We should consider the option where spatial data from such concepts are merged with built and natural environment data. This unleashes the power of both technologies in relation to emergency response, taxation assessment, environmental monitoring and conservation, economic planning and assessment, social services planning, infrastructure planning, etc. This also include design and implementation of a suitable service oriented IT-architecture for organising spatial information that can improve the communication between administrative systems and also establish more reliable data based on the use of the original data instead of copies. A spatially enabled government organises its business and processes around “place” based technologies, as distinct from using maps, visuals, and web-enablement. This relates to institutional challenges with a range of stakeholder interests including Ministries, Local Authorities; Utilities; and also civil society interests such as businesses and citizens. Creating awareness of the benefits of developing a shared platform for Integrated Land Information Management takes time. The Mapping/Cadastral Agencies have a key role to play in this regard. The technical core of Spatially Enabling Government is the spatially enabled cadastre. 6.1 Significance of the Cadastre The land management paradigm makes a national cadastre the engine of the entire LAS, underpinning the country’s capacity to deliver sustainable development. The role of the cadastre as the engine of LAS is neutral in terms of the historical development of any national system, though systems based on the German and Torrens approaches, are much more easily focused on land management than systems based on the French/Latin approach. The cadastre as an engine of LAS is shown diagrammatically in figure 6.
12
1. Multipurpose Cadastre(German style)
1. Multipurpose Cadastre(German style)
2. Title or deedstenure styleCadastres(Torrens/English style)
2. Title or deedstenure styleCadastres(Torrens/English style)
3. Taxation driven cadastre(French/Latin/USA style)
3. Taxation driven cadastre(French/Latin/USA style)
Tenure
Value
Use
Development
Incorporating:
Land policy
SpatiallyenabledLAS
Services tobusinessandpublic
Countrycontext
Sustainabledevelopment
- Economic- Environmental- Social- Governance
Cadastralengines…
Land management
paradigm
Spatially enabled
government
ParcelsPropertiesBuildingsRoads
Inte
gra
ted f
un
ctio
ns
SDIMapping agencies
and other data providers
Better decision making
Figure 6. Significance of the Cadastre (Williamson, Enemark, Wallace, Rajabifard, 2010)
The diagram highlights the usefulness of the large scale cadastral map as a tool by exposing its power as the representation of the human scale of land use and how people are connected to their land. The digital cadastral representation of the human scale of the built environment, and the cognitive understanding of land use patterns in peoples’ farms, businesses, homes, and other developments, then form the core information sets that enable a country to build an overall administrative framework to deliver sustainable development.
The diagram demonstrates that the cadastral information layer cannot be replaced by a different spatial information layer derived from geographic information systems (GIS). The unique cadastral capacity is to identify a parcel of land both on the ground and in the system in terms that all stakeholders can relate to, typically an address plus a systematically generated identifier (given addresses are often duplicated or are otherwise imprecise). The core cadastral information of parcels, properties and buildings, and in many cases legal roads, thus becomes the core of SDI information, feeding into utility infrastructure, hydrological, vegetation, topographical, images, and dozens of other datasets.
7. SUPPORTING THE GLOBAL AGENDA The key challenges of the new millennium are clearly listed already. They relate to climate change; food shortage; urban growth; environmental degradation; and natural disasters. These issues all relate to governance and management of land (Enemark, 2010). The challenges of food shortage, environmental degradation and natural disasters are to a large extent caused by the overarching challenge of climate change, while the rapid urbanisation is a
13
general trend that in itself has a significant impact on climate change. Measures for adaptation to climate change must be integrated into strategies for poverty reduction to ensure sustainable development and for meeting the Millennium Development Goals (FIG/WB, 2010). 7.1 Climate change and natural disasters Adaptation to and mitigation of climate change, by their very nature, challenge governments and professionals in the fields of land use, land management, land reform, land tenure and land administration to incorporate climate change issues into their land policies, land policy instruments and facilitating land tools. More generally, sustainable land administration systems should serve as a basis for climate change adaptation and mitigation as well as prevention and management natural disasters. Climate change increases the risks of climate-related disasters, which cause the loss of lives and livelihoods, and weaken the resilience of vulnerable ecosystems and societies. Adaptation to climate change can be achieved to a large extent through building sustainable and spatially enabled land administration systems. This should enable control of access to land as well as control of the use of land. Such integrated land administration systems should include the perspective of possible future climate change and any consequent natural disasters. The systems should identify all prone areas subject to sea-level rise, drought, flooding, fires, etc. as well as measures and regulations to prevent the impact of predicted climate change. Key policy issues to be addressed should relate to protecting the citizens by avoiding concentration of population in vulnerable areas and improving resilience of existing ecosystems to cope with the impact of future climate change. Building codes may be essential in some areas to avoid damage e.g. in relation to flooding and earthquakes. Issues may also relate to plans for replacement existing settlements as an answer to climate change impacts. In disaster zones relevant measures should be taken to build the preparedness for managing any disaster events. Land issues are an important component in the emergency relief phase. Land is necessary for emergency shelter and protection of displaced persons, and the selection of sites for emergency shelter can lead to long term conflict or tenure insecurity. Land is also necessary for restoration of livelihoods, and land grabbing after a disaster is a key risk to effective protection and emergency shelter activity. Humanitarian actors are therefore confronted with land issues as they undertake emergency shelter and protection activity (UN-HABITAT/FAO, 2010). Vulnerable countries such as Bangladesh, and most small island states often claim to be the victim of climate change “crimes” caused by the richer part of the world. This issue of global responsibility is in the heart of the current climate change agenda. Loss of healthy life years as a result of global environmental change is predicted to be 500 times greater in poor African populations than in European populations. This global inequity is well presented in figure 7 showing at the top the world in terms of carbon emissions; and at the bottom the world in terms of increased mortality from climate change.
h The menecessarImplemintegratetenure environmcarbon schange To addrabilities 7.2 Mil The eighcountriereinforcfor devethe heartargets enabling
Figure 7. Thehttp://voices.w
easures of brily relate
mentation of ed land admand cadas
mental ratinstock potenis not a geo
ress climates.
llennium D
ht Millenniues and the wcing and are elopment - rt of the gloand indicat
g the on-goi
e world in tewashingtonp
building inteto the inesuch system
ministrationstral geomeng of build
ntial and greographical lo change, int
Developmen
um Developworld’s leaddirected at is about theobal agendators is deving monitor
rms of carboost.com/ezra
egrated andequity betwms will benn systems setry, inclu
dings, energeenhouse gaocal problemternational e
nt Goals
pment Goalding develoreducing po
e means to a. To track
veloped. Thring of the p
14
on emissions a-lein/2009/0
d spatially eween the dnefit all coushould, in aude additiongy use, andases emissiom that can befforts must
s (MDGs) fopment instioverty in allachieve thethe progres
his frameworogress that
(top) and inc5/why_shoul
enabled landeveloped untries throuaddition to nal inform
d current anons. This alsbe solved bt integrate w
form a bluepitutions. Thl its forms. Te first sevenss in achievork includet is reported
creased morld_america_p
nd informatiand less d
ughout the appropriate
mation that nd potentialso relates to
by local or rwith local, n
print agreedhe first seveThe last goa
n. These goaving the MDes 18 targetd on annually
rtality (bottomprevent_cli.h
ion systemsdeveloped globe. Ther
e registratiois requir
l land use o the fact thregional effonational, an
d to by all then goals areal - global pals are nowDGs a framts and 48 y (UN, 2000
m) html
s does not countries.
refore, the on of land red about related to
hat climate orts alone. d regional
he world’s e mutually partnership w placed at mework of
indicators 0).
15
Goal 1: Eradicate extreme poverty and hunger
Goal 2: Achieve universal primary education
Goal 3: Promote gender equality and empower women
Goal 4: Reduce child mortality
Goal 5: Improve maternal health
Goal 6: Combat HIV/AIDS, malaria and other diseases
Goal 7: Ensure environmental sustainability
Goal 8: Develop a Global Partnership for Development
Figure 8. The Eight Millennium Development Goals
Land professionals – such as surveyors and other geospatial professionals – have a key role to play driving land administration systems in support of efficient land markets and effective land-use management. These functions underpin development and innovation and form a kind of “backbone” in society that supports social justice, economic growth, and environmental sustainability. Simply, no development will take place without having a spatial dimension, and no development will happen without the footprint of the land professionals. The MDGs represent a wider concept or a vision for the future, where the contribution of the global surveying community is central and vital. This relates to the areas of providing the relevant geographic information in terms of mapping and databases of the built and natural environment, and also providing secure tenure systems, systems for land valuation, land use management and land development. These aspects are all key components within the MDGs. In a global perspective the areas of surveying and land administration are basically about people, politics, and places. It is about people in terms human rights, engagement and dignity; it is about politics in terms of land policies and good government; and it is about places in terms of shelter, land and natural resources (Enemark, 2006). 7.3 Rapid urbanisation Urbanisation is another major change that is taking place globally. The urban global tipping point was reached in 2007 when over half of the world’s population was living in urban areas: around 3.3 billion people. This incredibly rapid growth of megacities (with more than 10 million inhabitants) causes severe ecological, economic and social problems. It is increasingly difficult to manage this growth in a sustainable way. It is recognised that over 70% of the growth currently happens outside of the
formal pslums oand usetaking thusually Close toinequitadisasterlast few
Lagos is Urbanisconsumemission Unlike illegallyterms ohousingto one-qare loca Informaregion. Albaniato formaworks. Rapid ugovernaand env
planning pror informal sd for illegahe form of built on haz
o 1 billion able and lifs and social
w decades (U
s one the fas
sation is alsme 80% of
ns world-wi
informal sey, informal df not being
g). In Albaniquarter of thated.
al developmThis is anal
a and Greecealise existin
urbanisationance to suppvironment c
ocess and thsettlements,l slum housslums. The
zardous site
people, orfe-threateninl crises, wh
UN-HABITA
stest growin
so having a the world’side. Cities a
ettlements wdevelopmenin complia
ia, for examhe populatio
ment is comlysed in depe. A range ong informal
n is setting tport and achonsequence
hat 30% of i.e. where vsing. In subse are especs in high-ris
r 32 per ceng conditioose frequenAT, 2009).
ng cities in t
very signifs energy usare where cl
where sheltent is charactance with cumple, the illeon and 40 pe
mmon also pth in (UN-Hof lessons le
developme
the greatesthieve the MDes of this de
16
urban popuvacant state-Saharan Acially vulnesk locations
nt of the wons, and arency and imp
the world w
ficant impacse and urbalimate chang
ers are consterised by hurrent plannegal developer cent of th
in developHABITAT/Fearned is proent as well p
t test for LaDGs. The chevelopment
ulations in de-owned or p
Africa, 90% erable to clim.
world’s urbe directly a
pacts have in
with large slu
ct on climaan areas gege measures
structed on housing conning and bupments are
he built-up a
ped countrieFIG 2010) wovided in repreventing
and Professihallenge is tthrough mo
developing cprivate landof all new umate chang
an populatiaffected byncreased sig
um areas (P
ate change. enerate 80%s will either
land that thstructions th
uilding regusignificant i
area of majo
es such thewith a focuselation to toofuture unau
ionals in thto deal withore effectiv
countries ared is occupieurban settle
ge impacts a
ion, live iny both envirgnificantly d
hoto: Enem
The 20 larg% of greenh
succeed or
he occupanhat are illeg
ulations (unain size, cont
or cities in w
e Southern s on experieols and met
uthorised co
he applicatioh the social, e and comp
e living in d illegally
ements are as they are
n slums in ronmental during the
mark 2009)
gest cities house gas fail.
nts occupy gal only in authorized taining up
which they
European ences from thods used onstruction
on of land economic
prehensive
17
spatial and urban planning, resolving issues such as the resulting climate change, insecurity, energy scarcity, environmental pollution, infrastructure chaos and extreme poverty. In conclusion, the linkage between urban growth, climate change adaptation, and sustainable development should be self-evident. Measures to manage urban growth and for adaptation to climate change will need to be integrated into strategies for poverty reduction to ensure sustainable development.
8. FINAL REMARKS
Land administration systems, in principle, reflect the social relationship between people and land recognized by any particular jurisdiction or state. However, land administration systems are not an end in itself but facilitate the implementation of the land policies within the context of a wider national land management framework. Land administration activities are not just about technical or administrative processes. The activities are basically political and reflect the accepted social concepts concerning people, rights, and land objects with regard to land tenure, land markets, land taxation, land-use control, land development, and environmental management. Sustainable land administration systems provide clear identification of the individual land parcels and land rights attached to these parcels. This information on the people to land relationship is crucial and plays a key role in adaptation to climate change, management of natural disasters, alleviation of poverty, and management of rapid urban growth, The land professionals must be able to take a lead and explain the relevance of land administration, land parcel mapping, SDI and spatial enabled society in relation to the global agenda. The land professionals should engage in “Building the capacity for facing the global agenda”. This is the way forward for achieving political recognition for developing and implementing the technical solutions. REFERENCES
Communities and Local Government (2008): Place matters: the Location Strategy for the United Kingdom. http://www.communities.gov.uk/publications/communities/locationstrategy
Dale, P. and McLaughlin, J. (1999): Land Administration. Oxford Press. London. Enemark, S. (2004): Building Land Information Policies, Proceedings of Special Forum on Building
Land Information Policies in the Americas, 26-27 October 2004, Aguascalientes, Mexico. http://www.fig.net/pub/mexico/papers_eng/ts2_enemark_eng.pdf
Enemark, S. (2005): Supporting Capacity Development for Sustainable Land Administration Infrastructures. The Eighth United Nations regional Cartographic Conference for the Americas (UNRCC-A), 27 June-1 July 2005, New York. http://www.fig.net/news/news_2005/unrcca_2005/enemark_new_york_2005.pdf
Enemark, S. (2010): Land Governance: Responding to Climate Change, Natural Disasters, and the Millennium Development Goals. Journal of Surveying and Land Information Science, Vol. 70, No. 4, 2010, pp. 197-209.
18
FAO (2007), Good Governance in Land Tenure and Administration, FAO Land Tenure Series no 9. Rome. ftp://ftp.fao.org/docrep/fao/010/a1179e/a1179e00.pdf
FIG/WB (2010): Land Governance in Support of the Millennium Development Goals – A new agenda for land professionals. FIG publication no 45, FIG Office, Copenhagen, Denmark. http://www.fig.net/pub/figpub/pub45/figpub45.htm
UN (2000): United Nations Millennium Declaration. Millennium Summit, New York, 6-8 September 2000. UN, New York. http://www.un.org/millennium/declaration/ares552e.pdf
UN-ECE (1996): Land Administration Guidelines. UN-ECE, New York and Geneva, 112p. http://www.unece.org/hlm/wpla/publications/laguidelines.html. Updated version in 2005: Land Administration in the UN-ECE Region. http://live.unece.org/index.php?id=10961
UN-HABITAT (2009): Planning Sustainable Cities. UN-HABITAT, Nairobi. UN-HABITAT/FAO (2010): Land and Natural Disasters Guidance for Practitioners. http://www.unhabitat.org/pmss/listItemDetails.aspx?publicationID=2973 UN-HABITAT/FIG (2010): Informal Urban development in Europe: Experiences from
Albania and Greece. UM-HABITAT, Nairobi. Williamson, Enemark, Wallace, Rajabifard (2010): Land Administration Systems for
Sustainable Development. ESRI Academic Press, Redlands, California, USA. http://esripress.esri.com/display/index.cfm?fuseaction=display&websiteID=165&moduleID=0 BIOGRAPHICAL NOTES Stig Enemark is Honorary President of the International Federation of Surveyors, FIG (President 2007-2010). He is Professor in Land Management and Problem Based Learning at Aalborg University, Denmark, where he was Head of School of Surveying and Planning for 15 years. He holds a M.Sc. in Surveying, Planning, and Land Management and before joining the University in 1980 he was a consultant surveyor in private practice for 12 years. He is Past President and Honorary Member of the Danish Association of Chartered Surveyors and he is a well-known international expert in the areas of land administration systems, land management and spatial planning, and related educational and capacity building issues. He has published widely in these areas and undertaken consultancies for the World Bank and the European Union especially in Eastern Europe, Asia and sub-Saharan Africa. For a full list of about 350 publications see: http://vbn.aau.dk/en/publications/searchall.html?searchall=Stig%20Enemark.
CONTACTS Prof. Stig Enemark Department of Development and Planning, Aalborg University, 11 Fibigerstrede 9220 Aalborg, DENMARK Email: [email protected]