What is Required to Promote Good Land Governance...

Technische Universität München

What is Required to Promote Good Land Governance in the 21st Century?

Jorge EspinozaChair of Land ManagementCentre of Land, Water and Environmental Risk ManagementTechnische Universität München

Annual World Bank Conference on Land & Poverty

Washington DC, April 18th – 20th 2011


Introduction

Some relevant issues in the land sector around the world:

„ Unbalanced development (rural ‟ urban)

„ “Suffocation” of rural areas by urban expansion

„ Large scale rural land acquisitions for agricultural purposes

„ Exhaustion of natural resources to feed urban expansion

„ Etc

Establishment of “unhealthy” urban-rural interrelationships

This is one of the biggest challenges with regard to land governance


The German understanding of Land Management in science and practice

combined with land governance contribution to sustainable development in

urban and rural areas

Source: German Geodetic Commission DGK, Section Land and Real Estate Management 2009

Land and Real Estate Management

Advice/ Capacity Building

Urban Development

Real Estate Management and ValuationRural

Development

Advice/ Capacity Building


Source: Magel, Klaus and Espinoza 2009, based on Enemark 2006

Land Policy- Values

- Objectives

- Regulatory Framework

Land Management

Paradigm

Spatial Data

Infrastructure

Cadastre

Land

Parcel

Land

Administration

System

"Land in Society"

- Land tenure

- Land use

- Value and Markets

- Development and Arrangement

- Land Reform and Land Distribution

Infrastructure for

implementation of land policy

and management strategies

- Access to cadastre and geodetic

reference information

- Interoperability of Cadastral

information and other land information

- Spatial integrity and unique identification

of land parcels

- Provides the link for securing rights and

controlling use

- Reflection of how people use land

- Key object for identification of rights, restrictions

and responsibilities in the use of land

- Link between people and "the system"

Go

od

La

nd

Go

ve

rna

nc

e p

rinc

iple

s (c

on

ce

rnin

g

rule

s, p

roce

sse

s a

nd

stru

ctu

res) a

s b

asis

for a

su

sta

ina

ble

La

nd

Po

licy a

nd

en

su

ring

an

effe

ctiv

e,

ho

ne

st, e

qu

itab

le, tra

nsp

are

nt, a

cco

un

tab

le a

nd

pa

rticip

ato

ry la

nd

se

cto

r

Sp

atia

l Pla

nn

ing

an

d In

stitu

tion

al F

ram

ew

ork

s


Inputs:

- Land Policy (Values,

objectives, regulatory

frameworks)

Processes:

- Administration

- Implementation

- Monitoring

Outputs:

- Land Registry

- Rates of title possession

- Secure tenure

- Landlessness

- Land Conflicts

- Poverty

Source: the author, based on Mauro, Bending and Taylor (2009)

Land Governance Black Box


Physical

Legal

Public SectorFederalStateLocal

Courts

Private SectorPrivate ownersLendersInterest groups

The Biosphere as altered by human activitiesE.g.:

Soils (quality)Biota (restrictions, potentials)Water (restrictions, potentials)Climate (constraints)

Cultural

Land use systems E.g.:

MiningAgricultureForestryRecreationUrbanization Resource Management

Investment DecisionsLawsRegulationsCourt DecisionsPolicies

Economic and social data

Environmental perception

Environmental impacts

Source: (Platt 2004)

The dynamic interaction of the three sets of spatial data with relation to land use

planning: the Physical, the Legal and the Cultural datasets


Federal Development Planning

Policy

Ø Basic Principle

e.g. Motorway

Development

Plan

State Development Planning Plan

(BayLplG)

Ø Basic Principle

Ø State Development

Programme (LEP)

Ø Specialized plans,

programmes and laws

e.g.

Comprehensive

Traffic Plan

Comprehensive

Development Plans

for Schools, colleges

or clinics

Waste disposal plan

Landscape

Development PlanRegional Planning Policy (BayLplG)

Ø Regional Principle

Preparatory Land Use Planning

(BauGB)

Ø Preparatory Land Use Plan

Planning Declaration

e.g. for motorways

(FStrG)

Water supply,

sewage and

Protection

(WHG+BayWG)

airports (LuftVG)

railroads (PersBefG)

Waste disposal

(AbfBG)

consolidation of rural/

agricultural land

holdings (FlurbG/

village renewal

program)

Legally Binding Land Use Planning

(BAuGB)

Ø Legally Binding Land Use Plan

Informal

plans e.g.

Municipal

development

planning

Federal

Republic

State

Sub-Region

Municipality

Comprehensive Spatial Planning

Source: Bavarian State Ministry of Interior, IIB 8

Comprehensive Spatial

Planing in Germany

• The market is blind to the future

and thus doesn„t consider the

needs of future generations.

• It is also blind to distributive

justice.

• The market does not provide

cultural, social and public goods

or infrastructure.

Therefore the state is

responsible for spatial

planning and social justice

(Rumelin 2010))


Local

Government

Officials

Civil Society

(incl. NGOs)

Local

Government

Councils

Commercial

undertakings

Pla

nners, E

xpertsP

ublic

Auth

oritie

s,

Inst

itutio

ns

Authority

Municipality

Subject

Citizen

Service Provider

Municipality

Client

Citizen

via

Citizen as Client

via

Citizen as Partner

Model“Father State”

Model“Entrepeneurial State”

Model“Enabling State”

From

Citizen as Subject

Inclusive

Local

Authorities

Source: Magel 2005


Conflicts:· Between agencies· Between sectors· Between activities· Administrative discoordination

Territorial System

Are resolved:· In benefit of the private sector

and/or of the strongest actor· Short term view

Unsatisfactory Territorial

System

· Unbalanced territory· Spatial desintegration· Disfunctionality· Territorial unaccesibility· Mixed and disordered superposed

uses· Vulnerability to natural hazards· Waste of land resources· Environmental degradation

The tendency

Source: Gómez Orea 2007


Conflicts:· Between agencies· Between sectors· Between activities· Administrative discoordination

Territorial System

Measures/Policies:· Norms· Programmes· Management

Satisfactory Territorial

System

· Balanced territory· Spatial integration· Functionality· Territorial accesibility (work,

resources, people)· Proper use of land, social function

of the property· Prevention of natural hazards· Sustainable management of NNRR· Environmental quality

Source: Gómez Orea 2007

Planned development


Problems of weak governace and of regional

and municipal management Lack of political will

Lack of local decision making

resources

Weak participation of the civil society

Risk of Fiscal ungovernance

„Centralist“ way of thinking

Lack of a shared model

Reluctance to trust in the local capacities

But the problem is…

(Waissbluth and Leyton 2006)


How can all these be possible?


Capacity building in land management: The need for establishing a global academic partnership

O. Univ.-Prof. Dr.-Ing. Holger MagelFIG Honorary PresidentDirector of the TUM Institute of Geodesy, GIS and Land Management Executive Director of TUM Centre of Land, Water and Environmental Risk Management

Director of International Master’s Programme Land Management and Land Tenure


Human Resource Development is a primary task of academic capacity building

„ Capacity building encompasses human resource development(HRD) as an essential part of development.

„ It is based on the concept that education and training lie at theheart of development efforts and that without HRD mostdevelopment interventions will be ineffective includingstrategies for improving urban-rural interrelationships

„ It focuses on a series of actions directed at helping participants inthe development process to increase their knowledge, skills andunderstandings and to develop the attitudes needed to bringabout the desired developmental change.

Source: Crowder 1996, “Human Resource and Institutional Capacity Building through Agricultural Education”, Food and Agriculture Organization of the United Nations (FAO)


Capacity Building – TUM Center working definition

Capacity building is the process of transferring knowledge, skills and

understanding of esp. societal systems to students and/or professionals and thus

of developing required capacities and competences of an individual, an institution,

a society or even a group of societies for the attainment of certain specific or

general objectives (e.g. development of “healthy” urban-rural interrelationships).

These capacities are developed through transfer of knowledge and skills at three

levels, namely:

• Individual design educational/training programmes

• Entity/organizational institutional structures, strategies, processes.

• System/societal policies, regulatory frameworks, resources management

(Magel et.al. 2009, based on UNDP (1998), Capacity Assessment and Development. Technical Advisory Paper No.3 and Williamson, I.P., A. Rajabiford and S.

Enemark (2003). “Capacity Building for SDIs”, in Proceedings, of 16th United Nations Regional Cartographic, Okinawa, Japan)


Levels of Human Resource Development or

Capacity Building

Fostering the

decision-making and

action competence

of men and women

Individual

Structures have to be set

or reformed for HRD on a

nationwide scale

System

Enhancing the

performance of

organisations in the

public and private sector

Organisation

Source: Dr. Klaus Klennert (2010), InWEnt (GIZ) Capacity Building International, Germany,


Action competence “the ability and readiness of an individual to behave adequately, in an objective oriented, reflective and responsible manner in professional, social and private contexts of life”

Action Competence

Source: Klennert (2010) and ISB, Institute for Education Quality and Educational Research, Munich

Social Competence• Intercultural communication• Team orientation• Communication and

negotiation skills• Conflict management skills• Ability to cooperate,• Etc.

Personal Competence

• Readiness for change• Emotional stability

• Resilience• Diligence

• Personal Commitment• Responsibility for own decisions

• Etc.

Subject Matter Competence

• Subject specific knowledge• Organisational rules• Professional experience• Institutional knowledge• Work norms and routines• Market information• Etc.

Methodical Competence

• Analytical /systems thinking

• Project management skills• Moderation skills

• Decision making + problem

solving skills

• Etc


Build Capacity to

Strengthen Capacity

Fostering the

decision-making and

action competence

of men and women

Individual

Promoting the political

ability to respond to

change and manage

reform

System

Enhancing the

performance of

organisations in the

public and private sector

Organisation

Source: Dr. Klaus Klennert (2010), InWEnt (GIZ) Capacity Building International, Germany,


Alone in the dark?

There is an urgent need for the establishment or strengthening of Academic Partnerships on Land Management


Academic Partnerships should be established as:

„ North-North

„ North-South

„ South-North

„ South-South


Just a few examples


COOPERATION OF TUM CENTRE WITH ITC AND THE VISAYAS STATE UNIVERSITY OF THE PHILIPPINES


Please visit:

http://www.lamvsu.com


COOPERATION OF TUM MSc Programme LM&LT WITH ITC

Video Conferencing Session during Joint Module on Land Information Infrastructures, April 2010

Version 2011 of the module is starting today in ITC, TUM and Hanoi University of Science VNU

TUM

Students

ITC

Students


2nd Expert Meeting of the International Alliance on Land Tenure and

Administration (IALTA), Munich, 25th of October 2010


Main focus of Academic Partnerships should be put on CURRICULUM DEVELOPMENT

Curriculum development projects for the improvement of the land sector should consider urban-rural interrelationships (tremendous challenge) and allow for dynamic approaches.


Curriculum Development for Sustainable Land Management and Land Administration

Review of Country Context (e.g. land market, land tenure, land policy, land administration, land

development, governance, etc)

Identification of the knowledge area to be improved

Assessment of existing competence andpresent needs (at individual and institutional level)

Identification of the possible measures (i.e. education, training etc.) and available resources

to bridge the knowledge gap

Curriculum Development & Adaptation to attain required competence for land management


PNAS July 31, 2007 vol. 104


What is Required to Promote Good Land Governance in the 21st Century?

Jorge EspinozaChair of Land ManagementCentre of Land, Water and Environmental Risk ManagementTechnische Universität München

Annual World Bank Conference on Land & Poverty

Washington DC, April 18th – 20th 2011

What is Required to Promote Good Land Governance...

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