1 THE LAND GOVERNANCE ASSESSMENT FRAMEWORK (LGAF) AN APPROACH FOR PARTICIPATORY BENCHMARKING, MONITORING, AND DIALOGUE Thea Hilhorst –December 10th 2013 Overview presentation 2 Aim and approach LGAF Structure of the framework Some findings Using data for improving land governance Why LGAF instrument was developed (2008) 3 Land sector reforms to be driven by country level, evidence-based assessment Should be based on broad, participatory policy dialogue between/ within government and other stakeholders Comprehensive assessment – across silos & strategic priority setting Need for land governance baseline to track progress both for in-country policy reform and for regional/global initiatives (VGGT, LPI ) Aim and Structure LGAF Framework 4 Set baseline (country scorecard) - for tracking progress Consistent with the VGGT principles, and other (emerging) principles (‘responsible agro-investment’) Pre-coded framework based on global experience Rankings assigned by panels of local experts (gov, CSO, academia, private sector), justified by evidence Goal is to arrive at consensus scoring- Aim for consensus: on strong points; what to improve and where to start (priority recommendations) Results validated in national technical workshop, translation into policy recommendation Conclusion presented to policy makers for concrete followup LGAF approach: Substance and process 5 Substance: Comprehensive analysis of land sector; Assessment guided by framework of indicators, based on global experience of “good” land governance Evidence-based (administrative data, studies, tacit knowledge) Process: Fast, low-cost assessment - Use available information – no new primary research (gaps can be identified) Driven by national experts - Participatory - multiple sectors and stakeholders Led by a country coordinator, working with national specialists to prepare background analysis; Scoring in 9 thematic panels Voluntary Guidelines (VG) Topics Covered by the LGAF VG Topics 6 # of Corresponding LGAF Dimensions Cont’d. # Tenure Rights and Responsibilities 16 Valuation 2 Policy, Legal and Organizational Frameworks 17 Taxation 5 Delivery of Services 15 Regulated Spatial Planning 12 Safeguards 8 4 Public Land, Fisheries and Forests Resolution of Disputes Over Tenure Rights 12 1 Indigenous Peoples, Communities with Customary Tenure Systems Land Consolidation and Other Readjustment Approaches 3 Restitution 0 Informal Tenure 6 Transboundary Matters 0 Markets 6 Climate Change 1 Investments 13 Natural Disasters 1 Redistributive Reforms 5 19 Expropriation and Compensation Conflicts in Respect to Tenure of Land, Fisheries and Forests 5 Records of Tenure Rights 16 Process and Steps: 4-6 months 7 Inception Phase 1 Background Report based on 9 Panels information of Experts existing 2 3 Draft Report 4 Technical Validation Workshop & Policy Dialogue 5 Final report & Score card 6 Follow Up Platform/ observatory Dialogue monitoring 8 Framework 5 thematic governance areas 9 Recognition and respect for existing rights Land Use Planning, Management, and Taxation Management of Public Land Public Provision of Land Information Dispute Resolution and Conflict Management 9 Panels 10 Panel 1 Land Tenure Recognition Panel 2 Rights to Forest and Common Lands; Rural Land Use Regulations Panel 3 Urban Land Use, Planning, and Development Panel 4 Public Land Management Panel 5 Panel 6 Transfer of Public Land to Private Use Follows a Clear, Transparent, and Competitive Process Public Provision of Land Information: Registry and Cadastre Panel 7 Land Valuation and Taxation Panel 8 Dispute Resolution Panel 9 Review of Institutional Arrangements and Policies Panel – Indicator, dimensions and scores 11 Dimension 1 Ranked on a scale from A to D by the panel Dimension 2 Ranked on a scale from A to D by the panel Dimension 3 Ranked on a scale from A to D by the panel Dimension 4 Ranked on a scale from A to D by the panel Dimension 1 Ranked on a scale from A to D by the panel Dimension 2 Ranked on a scale from A to D by the panel Dimension 3 Ranked on a scale from A to D by the panel Dimension 4 Ranked on a scale from A to D by the panel Dimension 5 Ranked on a scale from A to D by the panel Dimension 6 Ranked on a scale from A to D by the panel Dimension 7 Ranked on a scale from A to D by the panel Panel 1 Indicator 1 Indicator 2 Example 12 Area Area 3: Management of Public land Panel 5: Transfer of large tracts of land to investors Indicators Transfer of public land to private use follows a clear, transparent, and competitive process; payments are collected and audited Private Investment Strategy Policy implementation is effective, consistent and transparent and involves local stakeholders Contracts involving public land are public with agreements monitored and enforced Dimensions Public land transactions are conducted in an open transparent manner. Payments for public leases are collected. Public land is transacted at market prices unless guided by equity objectives. The public captures benefits arising from changes in permitted land use. Policy to improve equity in asset access and use by the poor exists, is implemented effectively and monitored. Score A B C D The scoring/ ranking: based on global experience 13 Dimension Assessment Brief description A – Best option towards a good land governance of dimension scenario. B – Second best set of options for making progress towards good land governance. C – Generally struggles to meet the criteria for good land governance however some attempts are being made. D – No attempts in this area towards good land governance. Example of coded answers 14 Dimension 5.1.1 Public land transactions are conducted in an open transparent manner. (with the exception of transfers to improve asset equity such as land distribution and land for social housing). Assessment –The share of public land disposed of in the past 3 years through sale or lease through public auction or open tender process is greater than 90% (Except for equity transfers). –The share of public land disposed of in the past 3 years through sale or lease through public auction or open tender process is between 70% and 90%. (Except for equity transfers). –The share of public land disposed of in the past 3 years through sale or lease through public auction or open tender process is between 50% and 70%. – The share of public land disposed of in the past 3 years through sale or lease through public auction or open tender process is less than 50%. (Except for equity transfers). 11 Indicators important for large-scale land acquisitions 15 Panel 1: Land Rights Recognition Recognition of a continuum of rights Respect for and enforcement of rights Panel 2: Rights to Forest and Common Lands & Rural Land Use Regulations Rights to forest and common lands Effectiveness and equity of rural land use regulations Panel 4: Public Land Management Identification of public land and clear management Justification and time-efficiency of acquisition processes Transparency and fairness of acquisition procedures Panel 5: Transfer of large tracts of public/communal land to investors Transfer of public land to private use follows a clear, transparent, and competitive process and payments are collected and audited Private Investment Strategy Policy implementation is effective, consistent and transparent and involves local stakeholders. Contracts involving public land are public with agreements monitored and enforced. 16 Results Countries with LGAF (33) 17 pilot completed Ongoing Starting 2014 Burkina faso Bangladesh Ethiopia Brazil* DR Congo Colombia Cameroon Burundi Indonesia Gambia DRC- Kinshasa* Mozambique Kyrgyzstan Georgia * Peru ** Ghana Guinea Honduras Kalimantan-Indonesia* Timor Leste Tanzania Madagascar* Malawi * Benin ** Mauritania Moldova ***-monitoring ** 2nd round *=+sub-national Philippines South Africa South Sudan Ukraine India -7 States* Mali Rwanda Sudan Uganda Vanuatu Vietnam 18 Scorecards Recognition and Respect for Existing Rights: Legal and Institutional Environment Brazil Recognition of a continuum of rights Land tenure rights recognition (rural) Land tenure rights recognition (urban) Rural group rights recognition Urban group rights recognition in informal areas Opportunities for tenure individualization Enforcement of Rights Mapping/registration of communal land Registration of individual rural land Registration of individual urban land Formal recog of women's right Condominium regime Compensation due to land use changes Mechanisms for recognition of rights Non-documentary evidence to recognize rights Recognition of long-term possession Formal fees for 1st time registration low No high informal fees for 1st time registration Formalizing housing is feasible & affordable Clear process for formal recognition of possession Restrictions on Rights Restrictions on urban land use, ownership and transferability Restrictions on rural land use, ownership and transferability Clarity of Institutional Mandates Clear separation of institutional roles Institutional overlap Administrative overlap Information sharing among institutions Equity and Nondiscrimination in the Decision-Making Process Clear land policy developed in a participatory manner Meaningful incorporation of equity goals Cost of implementing policy is estimated, matched with benefits, and adequately resourced Regular, public reports indicating progress in policy implementation 19 National Para State Piauí State Georgia Peru Philippines South Africa Senegal Ukraine A B C C D B D B A A D D C C C A A D A A A A C A B A A B B B B C C A C A C B A B C C B B A D C C A A C D A A C C D C C D B D D A A D A A D B D C C A B D A A A A B D D D D A B C C B A C C C A C A C C C A B A C B C A B A D B B A A A A B A B A A C D B A A B D B C C A C C D B C C D D A B D C C D C C A B A B A B C A D B B A B B B B B B C C C D C B C C B A B D A A B B D D D B C C B B C C C C C B C C C B C C B C C C B A A C D B C C C C C C A C C C C C C D C C C C D A C C C Management of Public Land Brazil Identification and Clear Management of Pulic Land Public ownership is justified Complete recording of public land Management responsibility for public land is clear Institutions are properly resourced Public land inventory with public access Key information on land concessions is public Incidence of Expropriation Expropriated land is used for private purposes Speed of use of expropriated land Transparency of Expropriation Procedures Fair compensation for expropriation of ownership Fair compensation for expropriation of other rights Promptness of compensation Independent & accessible appeal Time it takes for a first-instance decision on an appeal Transparent Processes for Divestiture Openness of public land transactions Collection of payments for public leases Modalities of lease/sale of public land 20 National Para State Piauí State Georgia Peru Philippines B A B C A A C B C D C B B C D D C C A C A A B A C D C D C A C A C C C C A D A D A A A A A A C A D A A B B C D B C C D A B A A A A A B B D B B C A B A A C D D D D A A A D A A A South Africa Senegal Ukraine B C B D C D B C D D C A A A A A A A C B B D B C A C D C D D A A D C C D D D D A C B A B C C B C Public Provision of Land Information Brazil Para State Piauí State Georgia Peru Philippines South Africa Senegal Ukraine A A A A B D A A B A C D A A A A C C A A A A A C A C D A A A A A A A C A A A B A A C A B C A A A C C B D D D D D A D A D D C A D B B C A A D C A C D A D A A A C A A B C A A D A B B C A A A A D C D A A A A A A A D A C National Completeness of Registry Information Mapping of registry records Relevant private encumbrances Relevant public restrictions Searchability of the registry Accessibility of registry records Timely response to requests Reliability of Registry Records Registry focus on client satisfaction Cadastral/registry info up-to-date Cost Effectiveness, Accessibility, and Sustainability Cost for registering a property transfer Financial sustainability of registry Capital investment in the system to record rights Transparency Schedule of fees for services is public Informal payments discouraged 21 A B A B A A B C D A A A B Transfer of Public Land to Private Use Follows a Clear, Transparent, and Competitive Process Brazil 22 South Africa Senegal Ukraine B A C C C C C D D C D D D D A D B A C C D A C C C B D C A C D C C B C B A B B B C B C C C A B B B C B D C A C D D C C A C B B C C C C B B National Para State Piauí State Georgia Philippines LSLA Most forest land is mapped; rights are registered Few conflicts generated and how they are addressed Land use restrictions on rural land parcels generally identifiable Clear, consistent public institutions in land acquisition Incentives for investors are clear and consistent Benefit sharing mechanisms for investments in agriculture Direct/transparent negotiations between right holders and investors Sufficient information required from investors Investors provide required information C D A A C C A A A C D D D B C A D C C D C C B C A D C A C A B B B A B B B D B C C C B Contractual provisions on benefits/risks sharing A D D Duration of procedure to obtain approval Social requirements clearly defined Environmental requirements clearly defined D D C D C C Procedures for economically, environmentally, and socially beneficial investments A Compliance with safeguards is checked Procedures to lodge complaints A C A D C B 23 Conclusions Process 24 LGAF proven to be a good diagnostic tool Comprehensive analysis across stakeholder much appreciated; Breaking down traditional silos in country = panels are important Creates baseline for tracking progress – regular monitoring key quantitative indicators Helps to focus efforts in land sector and encourage collaboration, basis for building platforms for stakeholder dialogue Helped to start taking sometimes controversial issues forward / create space for dialogue Tool for expressing & communicating country demand Provides justification for investments/ interventions in land sector reforms move up “land issues” on broad policy agenda; Contribution to transparency & change 25 Information land sector pulled together, brings tacit knowledge on actual practice in the public domain Brings (potential) change agents together; podium for potential “champions” Building block for Implementation (can agreement on strong and weak points (evidence) lead to change?) – allign… Innovation? (pilot, sharing practice, capacity etc.) Institutionalize dialogues and monitoring – allign.. VGGT Demand for data from administrative system => transparency & performance? More monitoring (timely check) & impact Presenting data in accessible format 26 LGAF Framework Structures analysis Structures assessment : comparable over time and between countries Produces scorecards: strong & weak points Baseline; also helps to identify opportunities for sharing good practice LGAF prepares the ground for regular –reporting on land governance 27 Produces baseline & national platform demanding data & ability to use these data Uses data from administrative systems: government responsibility to supply data (accountability) and has incentive to Improve ability of systems to produce data Undertake actions that will show progress) Work towards regular reporting on short list of global land indicators (see also) –incl. Post- 2015 land indicators (land in name of women; mapping communal land; transactions recorded; expropriation, conflict, taxation) More Information on LGAF instrument and findings 28 http://econ.worldbank.org/lgaf
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