Fit-for-Purpose Land Administration from Theory to Practice: Three Demonstrative Case Studies of Local Land Administration Initiatives in Africa
Abstract
:1. Introduction
2. FFP-LA in Theory
2.1. The Power of “Purpose” in Surveying and Land-Related Professions
2.2. FFP-LA Is about the “Purpose” in LA to Become Fit for Developing Countries
“This new approach is focused mainly on the ‘what’ in terms of the outcome of security of tenure for all and, secondly, it looks at the design of ‘how’ this can be achieved. The ‘how’ should be designed to be the best ‘fit’ for achieving the purpose (‘the what’). In this regard, the phrase ‘As little as possible—as much as necessary’ perfectly reflects the FFP approach.”
2.3. The Features of FFP-LA
“The spatial framework supports recording the way land is occupied and used. The scale and accuracy of this representation should be sufficient for securing the various kinds of legal rights and tenure forms recognized through the legal framework. The institutional framework is designed to manage these rights and the use of land and natural resources and to deliver inclusive and accessible services.”
- Building the spatial framework: Availability of flexible non-statutory framework reflecting the overall spatial situation on the area under investigation.
- Visible (physical) boundaries rather than fixed boundaries: Reliance on established community or neighborhood-wide accepted physical boundaries (such as fences, ditches, hedges, seasonal and non-seasonal water bodies, and walls, etc.), rather than geodetically fixed boundaries, can provide sufficient evidence of the occupation and the attribution to tenure and land rights.
- Aerial imagery rather than field surveys: The use of a range of scales of satellite/aerial imagery as the spatial framework to identify and record visible boundaries.
- Relating accuracy to purpose rather than to technical standards: Aspiring to achieve accuracy of the land information as a relative issue related to the use of this information, rather than being driven by technical standards that are often rigid and works against the purpose for pro-poor tenure.
- Demand for updating, upgrading, and ongoing improvement: Ensuring that LA activities are not a one-off process, but rather as a process in constant flux that requires updating, upgrading, and incremental improvement whenever necessary for fulfilling land policy aims and objectives.
- Flexible framework, designed along with an administrative framework, rather than judicial lines: LA activities (such as recording and registering rights, etc.) should be based on administrative rules/regulations where and when possible, instead of legal institutions.
- Continuum of tenure rather than individual ownership: Concerning its tenure security objectives or outcome, FFP-LA embraces the continuum of land rights concept and practice. The continuum of land rights recognizes the existence of a diversity of tenure arrangements in practice, encompassing both legal and socially derived rights. Apart from the legal recognition of land rights, social recognition of land rights matters because it can protect the de facto land rights of local people and assign legitimacy to such rights.
- Flexible recordation rather than only one register: FFP-LA supports pro-poor land rights documentation to support the building of locally-based land recordation systems capable of serving local purposes and being able to run parallel with the national strategy or as separate activities in support of local needs.
- Gender equity for land and property rights: Irrespective of any form of progress that might have been made concerning gender issues, women’s rights to land and secure tenure remain a challenge in many developing countries. The FFP-LA recognizes gender as an opportunity to create equality in the access, use, and exercise of tenure security among women, men, and youths.
- Building the institutional framework: Putting FFP-LA activities into practice requires a supportive institutional framework. This entails having supportive land policy, organizational structures, supportive resources, institutional networks, and institutional arrangements, organizational, among many other institutional supports.
- Good land governance rather than bureaucratic barriers: FFP-LA activities are, by way of both principle and practice, to be based on good governance. This implies embracing issues of accountability, control of corruption, political stability, and the rule of law, among many others.
- Integrated institutional framework rather than sectorial silos: In many developing countries, governments are still managing their land and natural resource assets in silos with limited interaction and coordination across sectors. FFP-LA supports coordination and collaboration across the land sectors.
- Flexible ICT approach rather than high-end technology solutions: FFP-LA recognizes the dependence on digital development as a key element in the efficient and sustainable management of land. It requires the best practices into technology-enabled activities in LA—so far, they are pro-poor and freely available for use by all.
- Transparent land information: FFP-LA encourages the provision and availability of open, transparent access to land information, subject to the protection of privacy.
3. Mixed Cross-Case Studies as a Research Method
4. The FFP-LA in Practice: Three Demonstrative Cases Studies
4.1. The Use of Mobile-Based Application for Youth-Led Land Inventory in Juaben-Atia, in Ghana
4.2. Land Use and Land Tenure Inventory in the Taita Hills, in Taveta Town, Kenya
4.3. Adoption of FFP-LA in Implementing the Flexible Land Tenure System in Freedom Square, Gobabis, Namibia
- Creating alternative forms of land title that are simpler and cheaper to administer than existing forms of land title.
- Providing security of title for persons who live in informal settlements or who are provided with low-income housing.
- Empowering the persons concerned economically by means of these rights.
5. Discussion—Adoption of FFP-LA Features in Practice in Ghana, Kenya, Namibia, and Beyond
- Building the spatial framework: Availability of a spatial development framework is crucial for ensuring a flexible non-statutory framework. The approaches used in Ghana depended on the existing SDF. Ghana has a national SDF [63], while Namibia and Kenya do not have any SDF.
- Visible (physical) rather than fixed boundaries: The Ghanaian and Kenyan case studies relied on natural landmarks as physical boundaries (e.g., fences, trees, ditches, hedges, seasonal and non-seasonal water bodies, and walls), rather than geodetically fixed boundaries. In Namibia, due to the statutory interest in the FLTS, it was essential to use fixed boundaries. External boundaries of blocks of parcels are fixed in the Namibian case. The internal boundaries are also fixed; however, they are usually less accurate as they were done by technicians or para-surveyors.
- Aerial imagery rather than field surveys: In all cases, both aerial images were complemented with field surveys to collect data and map land parcels. Aerial images from the local authority helped in identifying and recording visible boundaries.
- Accuracy in relation to the purpose rather than technical standards: In all three cases, land tenure security was a core purpose. Pursuing technical accuracy was considered less important to achieving the purpose (i.e., tenure security).
- Updating, upgrading, and ongoing improvement: With a focus fixed on purpose rather than standards, all cases ensured that the LA activities were viewed as a continuum only efficient through regular updates and improvements, rather than a one-off process. For instance, although the FSIS in Gobabis ended in 2018, it evolved into the title to the land for some residents in early 2021. The continuum of land rights was the core principle for the enumerations and inventories. This allowed for updating and upgrading.
- Legal and regulatory framework: In all cases, there are legal and regulatory frameworks for FFP-LA. In Namibia, the FLTS is well designed for an FFP approach. In Ghana and Kenya, the land policies (including the statutory recognition of customary land tenure) provide a legal/regulatory framework for tenure security improvement as applied in these projects.
- Flexibility in administrative rather than judicial lines: The methods (e.g., land tenure enumeration and use of STDM) and the not-so-technical materials used in the land use inventories allowed for flexibility. The customary governance (in Ghana) and the commitment of the county administration (in Kenya) allowed for flexibility on the projects. The informal governance in FSIS (in Namibia) allowed for greater flexibility. The need to follow administrative rules/regulations (rather than legal institutions), as in the case of Namibia, is crucial because it helped to lay a foundation for social legitimacy in implementing FFP-LA. And this is because the participatory enumerations took place before the FLTS regulations were passed. Apart from the ease or flexibility of implementing the land-based activities, it also allowed the communities to own the process and be accountable for its success or failures. Administrative practice allows for social legitimacy or formalities, while legal frameworks help to ensure adherence to legislation.
- Continuum of tenure rather than ownership: In Namibia, the FLTS is a manifestation of Namibia’s adherence to the continuum principle in land rights. In all cases, the approaches recognized the existence of a possibility of various tenure arrangements within the project areas. Property rights were envisaged beyond ownership.
- Flexible recordation rather than only one register: The three case studies involved flexible and pro-poor land rights documentation based on partnerships with government and local people (the youths in Ghana and Kenya, and women in Namibia). It also involved the use of easily accessible and usable land recordation systems (or equipment) capable of serving local purposes and being operated by local people.
- Gender equity for land and property rights: Focus on participation was put on the equal participation of men and women in Ghana and Kenya. This allowed for learning and equal capacity building for both men and women. In Namibia, the FSIS used enumerators who identified as female. This allowed for the inclusion of female voices, which may otherwise have been suppressed in the Namibian social context. The STDM was also used to capture and store gender (male and female only) disaggregated data for gender-responsive decisions in the informal settlements.
- Building the institutional framework: The three cases led to the development and the testing of new rules of tenure application (i.e., establishment of new land information systems for local LAS applications). They emphasized both social and statutory tenure and procedures for future tenure improvement processes by setting a platform for upgrading and updating the new LAS.
- Good land governance rather than bureaucracy: All three cases are based on appropriate governance, which is not perfectly good in the sense of good land governance. In the rural and peri-urban areas of Ghana and Kenya, respectively, reliance on chiefs and local authorities is still bureaucratic. In the informal settlements (Namibia), dependence on the FLTS was highly bureaucratic, due to the statutory requirements for issuing land hold titles.
- Institutional integrations rather than sectorial silos: The Kenyan and Ghanaian case studies involved the potential sector integration between customary and statutory tenure. The Namibian case is a complete integration of the formal and informal urban land sectors.
- Flexible ICT rather than high-end technology: In all cases, the governance approach and equipment used to allow for open and transparent access to land information.
6. Conclusions
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Acknowledgments
Conflicts of Interest
References
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Material/Equipment | Description and Use |
---|---|
Smartphone/tablet | Single handheld mobile phone and tablets with integrated GPS sensors for mapping land parcels. Smartphone/tablet is also used for taking photos attached to a documented evidence of tenure referred to as a land passport. |
Software (GIS360 and ODK Collect) | Open-source software Q-GIS to enable processing and outputting. |
Laptop | For data storage and processing. |
Wireless GPS-Device | For geo-tracking and georeferencing (mapping) land in real-time |
Portable Printer, desk, paper, and ink cartridge | For printing—e.g., maps on A4 sheets of paper and any printable needs that may arise. |
Power-Bank/electricity | For power storage and usage for charging smartphones and laptops. |
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Chigbu, U.E.; Bendzko, T.; Mabakeng, M.R.; Kuusaana, E.D.; Tutu, D.O. Fit-for-Purpose Land Administration from Theory to Practice: Three Demonstrative Case Studies of Local Land Administration Initiatives in Africa. Land 2021, 10, 476. https://doi.org/10.3390/land10050476
Chigbu UE, Bendzko T, Mabakeng MR, Kuusaana ED, Tutu DO. Fit-for-Purpose Land Administration from Theory to Practice: Three Demonstrative Case Studies of Local Land Administration Initiatives in Africa. Land. 2021; 10(5):476. https://doi.org/10.3390/land10050476
Chicago/Turabian StyleChigbu, Uchendu Eugene, Tobias Bendzko, Menare Royal Mabakeng, Elias Danyi Kuusaana, and Derek Osei Tutu. 2021. "Fit-for-Purpose Land Administration from Theory to Practice: Three Demonstrative Case Studies of Local Land Administration Initiatives in Africa" Land 10, no. 5: 476. https://doi.org/10.3390/land10050476
APA StyleChigbu, U. E., Bendzko, T., Mabakeng, M. R., Kuusaana, E. D., & Tutu, D. O. (2021). Fit-for-Purpose Land Administration from Theory to Practice: Three Demonstrative Case Studies of Local Land Administration Initiatives in Africa. Land, 10(5), 476. https://doi.org/10.3390/land10050476