Cumulative experience and challenges
LAIs have been undergoing improvements in their method of operation starting with pilot projects implemented in the region. In the majority of cases, improvements have been made from the second phase of LAPs in the capability of institutions to provide more efficient, effective services. Better practices obtained from pilot projects include the following:
- Project designs adjusted to the actual scope, geographical cover, time frames and budgets.
- Registration, cadastral and regularization process management systems implemented.
- Regularization procedures validated in the field and on the desk.
- Manuals improved and validated.
- Property registration and titling processes.
- Establishing a baseline with indicators for measuring impact and performance.
- Internal control systems regarding the efficiency of processes as well as the quality and reliability of cadastral and registration data.
- Cadastral mapping with the use of modern, efficient, fair methodologies, useful for titling processes.
- Strengthening of land rights for poor and extremely poor populations by means of free, registered titles.
- Recognition of gender equality, recognizing women’s rights to land tenure in both rural and urban areas.
- Delimitation and/or recognition of the rights of indigenous peoples to land by giving registered titles and delimitation of the area to which they have rights.
Challenges encountered by LAIs
M&E systems should pay particular attention to the following:
Challenges to the M&E systems of LAIs
Challenges to the M&E systems of LAIs
- The ways of measuring efficiency and effectiveness in the provision of land administration services taking into account the time taken to carry out a land transaction, the quality and reliability of the data obtained and user satisfaction.
- The strengthening of interinstitutional coordination mechanisms should provide for coordination not only between the cadastre, the register, titling institutions and municipal governments, but also between these institutions and other public and private authorities. This will enable LAP beneficiaries to access other types of services (production incentives, credit financing, social infrastructure, etc.)
- The development of multiuse information systems for the territory to benefit cadastral mapping, tenure diagnosis and other geospatial data obtained from cadastral mapping and surveying or from cooperation with other institutions.
- Supporting the development of information and awareness campaigns on the rights, advantages and procedures of LAS with the aim of generating greater demand for LA services. This will help to keep cadastres and registers up to date, taking into account transactions between the various players (individuals, companies and state agencies).
- Aiming to increase capabilities to settle tenancy disputes and linking with civil society organizations which can contribute to this task.
- Increasing the focus on disputes. The experience of Nicaragua has demonstrated that it is important to strengthen not only the capability of centralized institutions as regards justice and land administration, but also the participation of civil society at municipal and community level.
- Monitoring how the various population sectors, in particular the most vulnerable such as women, receive attention and succeed in improving their security and legal certainty of tenure (for more information see the fact sheet on the M&E for focusing on disputes and the Guide to household surveys, module 5).
Challenges for an effective LAS
Challenges for an effective LAS
Due to the existence of external factors which can influence how key results are obtained in institutional strengthening, experience has shown that it is important to ensure the existence of diagnoses and specialist studies to determine the strong and weak points and tasks pending concerning the following:
- Adjustment and/or reform of national policy and the legal framework as regards land tenure and natural resources.
- The function, responsibilities and tasks actually taken on by subnational entities as regards land administration and natural resources.
- The type and number of tenure disputes in terms of causes, types of players involved, intensity, background, etc.
The Guide to evaluation of LAIs and associated instruments contains methods for addressing these subjects in the M&E system of LAPs.
The following diagram summarizes the challenges that face LAIs to form an effective system, according to the structures and situations existing to date:
Challenges to promote gender equality
Challenges to promote gender equality
- It is important to have legal bases which facilitate fair access to tenure rights for men and women and effective application and monitoring mechanisms.
- Various legal systems and customary law provide spaces for women and men to exercise their land rights. Although they are not a long-term solution, efforts should be made to find these spaces and make them accessible to all.
- Participatory development and consultation of laws, regulations and procedures, with the participation of both women and men from different social groups, is a fundamental support for fair monitoring of gender in land tenure.
- Innovative approaches should be used for legal support, such as community vigilance and paralegal groups. The level and type of support needed in each context should be carefully assessed.
- Working with both formal and traditional justice systems, as well as with local and traditional dispute resolution mechanisms, to include women’s rights as a form of improving levels of security and legal certainty of tenure and gender equity itself. These activities should be included in LAPs at the design stage.
Benchmarks in LAI modernization
Following on from the previous section and in line with the available literature on the subject, LAIs and their regulatory frameworks should meet seven basic criteria in order to be successful
Benchmarks in LAI modernization
Benchmarks in LAI modernization
Sustainability: There are mechanisms and administrative, financial and legal measures that ensure that the system will persist over time. Sustainability covers organizational development, process improvement, technological updating, staff development and full operational acceptance by users
N | CRITERIA | CONCEPT |
|---|---|---|
1 | Legal security | The system is more secure the more effectively land markets operate. Territorial jurisdiction and the types of rights registered are clear to agents. Financial institutions give mortgages effectively based on legal certainty and identification of the property. |
2 | Clarity and simplicity of the system | The system operates clearly and simply and is easy to use for users and system administrators in all its aspects and processes. |
3 | Appropriate information | The system can provide updated, valid information within a minimum time. |
4 | Fair treatment for all | System users are treated fairly, equally and impartially. There is no political and/or economic interference affecting the working of the system or causing bias. |
5 | Equal access for all users | The system provides equal access for all users, particularly women within specific cultural frameworks; it is adjusted accordingly for geographical proximity, simplicity of procedures, reasonable fees and third party services. The system is also adapted to register a wide range of rights, including rights of use and other unconventional forms of tenure. |
6 | Low cost | For the user and/or the system administrator, the transaction and operational cost should be as low as feasibly possible, since the costs and expenses of installing the system (buildings, equipment, data collection, etc.) have been deferred over the period of the investment. |
7 | Sustainability | There are mechanisms and administrative, financial and legal measures that ensure that the system will persist over time. Sustainability covers organizational development, process improvement, technological updating, staff development and full operational acceptance by users. |