Strictly Confidential © 2014 Need for a Core Cadastral System Develop once And make available for all Land and Poverty Conference 2015 Washington, DC 24 March 2015 Daniel Roberge Sr Land Administration Specialist

Strictly Confidential © 2014 Right to own a property: A recognized Human right 1948: UN Universal Declaration of Human Rights “Article 17. (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.” 1952: European Convention on Human Rights - Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. 2

Strictly Confidential © 2014 Cadastral systems: Infrastructures of sustainable development 3 Since the implementation of the first modern cadastres in the 19th century, cadastral systems have been largely implemented in most of the developed countries and emerging states. Cadastral systems are considered as an important infrastructure of sustainable development worldwide, and are supported by many international organizations. Land and property markets represent as much as 15% of the GDP in a developed country, and nearly two thirds of a nation’s wealth is derived from property assets (Adlington, 2014).

Strictly Confidential © 2014 Cadastral and Land registration systems: Strong support by International organizations 4 The International Federation of Surveyors (FIG), the World Bank and the United Nations, namely through the Food and Agriculture Organization (FAO) and UN Habitat, are among the lead supporters of such infrastructure.

Strictly Confidential © The World Bank is active worldwide, funding and supporting the land and property sector on every continent. More specifically, in the last twenty years, the Bank has been very active in Europe and Central Asia region, especially in the former soviet countries, supporting more than 40 projects in 25 countries. Moreover, the World Bank highlights the importance of land registration systems in the economic development by publishing an annual ranking of countries providing efficient land registration services in Doing Business.Doing Business Cadastral and Land registration systems: The World Bank

Strictly Confidential © Over the years, FIG has promoted the importance of Cadastre and Land Registration, namely through FIG Commission 7 work and many publications, namely the renowned publication Cadastre 2014, published in 1998 and translated in more than 20 languages. Cadastral and Land registration systems: The International Federation of Surveyors

Strictly Confidential © The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, developed under the leadership of UN FAO and adopted by the Committee on World Food Security (CFS) in 2012, highlight the responsibility of the States to put in place systems to: “record individual and collective tenure rights in order to improve security of tenure rights, […]”; “ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis”; “ensure that information on tenure rights is easily available to all, subject to privacy restrictions”. Cadastral and Land registration systems: UN Food and Agriculture Organization - FAO

Strictly Confidential © UN Habitat has been a major promoter of pro-poor land tools through the Global Land Tool Network (GLTN.net) and namely supporting the development of the Social Tenure Domain Model (STDM). The STDM has been developed while the design of the Land Administration Domain Model (LADM) to improve the security of tenure for vulnerable groups in developing countries. Cadastral and Land registration systems: UN Habitat

Strictly Confidential © Despite this strong and worldwide recognition, it is estimated that only one quarter of the world population has their land rights officially registered. For many reasons: costs, lack of knowledge, accessibility, corruption, customary rights, etc. Without officially registered land titles, many people are threaten to be deprived from their possession, evicted from their land parcel and this happens too often. Absence of good land registration has many other negative socio-economic impacts: land conflicts, bad land governance, loss in taxation for governments, underdeveloped agriculture and land market, no access to mortgage, etc. Cadastral and Land registration systems,

Strictly Confidential © In the recent years, some structuring initiatives have been undertaken aiming to improve, facilitate and accelerate land registration worldwide. Land Administration Domain Model - LADM (FIG) Fit-for-Purpose Land Administration - FFP (FIG-WB) MapMyRight – MMR (McLaren) Solutions for Open Land Administration – SOLA (FAO) Recent initiatives to facilitate and accelerate worldwide property registration

Strictly Confidential © The most important achievement in the recent years in the area of global land registration is the development of LADM which : serves as a basis for the development of land administration systems; enables involved parties to communicate, based on a shared vocabulary. LADM defines a reference model, covering basic information-related components of LA. LADM provides the common ground that will facilitate the development of land administration systems. The LADM became officially a new ISO standard (ISO 19152) in 2012 Recent initiatives: LADM

Strictly Confidential © Fit-For-Purpose Land Administration (FIG, 2014) is proposing to put in place flexible, inclusive, participatory, affordable, reliable, attainable and upgradable land tenure projects. Fit-For-Purpose approach includes four key principles: General boundaries rather than fixed boundaries. Aerial imageries rather than field surveys. Accuracy relates to the purpose rather than technical standards. Opportunities for updating, upgrading and improvement. In the coming months, FFP Guidelines will be developed and will propose the technical, legal and institutional frameworks required to support the approach. Recent initiatives: Fit-For-Purpose

Strictly Confidential © The MapMyRights (MMR) initiative aims to provide a free to use, transparent, global platform where citizens, as well as stakeholders can record evidence of their land rights. MMR initiative is aiming to: Support of FFP Approach Provide a Global Infrastructure Platform to Manage Evidence of Land Rights Access to Global and Local datasets for Contextual Information Build Capacity to Capture Evidence of Land Rights - Formalize Crowdsourced Land Rights - MMR will engage with National Agencies to define new processes to formalize crowdsourced land rights. Recent initiatives: MapMyRight

Strictly Confidential © MMR allows the citizen to register his/her “possession” or “right” into MMR system. MMR has the ambition to migrate these crowdsourced land rights to formal land rights accepted by governments. Meanwhile, the only thing that the citizen will have is a “wikiright” registered in a non-official system. And the roadmap to migrate these crowdsourced land rights to formal ones could be long and will not necessarily lead to such formal right. MMR initiative is suspended due to business difficulties and “will now morph into a primary knowledge source of crowdsourced / citizen centric approaches to land rights worldwide.” MMR website Recent initiatives: MapMyRight

Strictly Confidential © The objectives of the SOLA software are to : make computerized cadastre and registration systems based on open source software more affordable and sustainable in developing countries enable quick improvements in transparency and equity of land administration governance and improve land administration services to the citizens. It is based on generic land administration procedures and on LADM (ISO 19152). SOLA was implemented nationally to support land registration in Lesotho, Samoa and Tonga and FAO is currently planning state level implementations in a couple of Nigerian states. Recent initiatives: FAO SOLA Software

Strictly Confidential © LADM provides the common ground that will facilitate the development of land administration systems. The FFP approach works on the surveying side trying to convince the surveying community to use all possible solutions but does not provide any solution to facilitate land registration management by a national organization. MMR intended to provide web-based tools (including geospatial data) to facilitate crowd-sourced land registration. Issues about migration from “wikirights” to formalized rights. Suspended due to business difficulties. The SOLA software: most advanced solution to support the management of a generic land registration procedures at the national agency level. Recent initiatives: In brief

Strictly Confidential © Each and every national cadastre and land registration organization in the world needs a system to: Manage the land parcel (the object) Validation of the geometry Check of overlaps, gaps, topology, etc Create, subdivide, merge, correct parcels Register the rights and restrictions affecting the said parcel Provide national geospatial datasets needed to facilitate and support the land registration processes Manage the security/access Ensure the conservation and integrity of the data Ensure the payment of cadastral and registration services Ensure the consultation and dissemination of data contained in the land register Needs for a Core Cadastral System (CCS)

Strictly Confidential © Maybe we could think about developing and externalizing a core cadastral system (CCS) under the custodianship and stewardship of an existing recognized international organization (IO)? This IO would provide to the national cadastre and land registration organizations the infrastructure to: define, geo-reference, register, secure and make available the official cadastral and property data covering their territory. Each national organization would have access to their own data sets, including geospatial data to facilitate geo-referencing and data search and consultation. Needs for a Core Cadastral System (CCS)

Strictly Confidential © With the CCS, the security rules to add, modify, erase or update data would have to be similar to those used in the banking system. Only the owner of the account (the national cadastre and land registration organization) would be allowed to register rights or possessions and make any modification to the data and only after having passed through the security checks and using public-key infrastructure (PKI). The security would be crucial. Needs for a Core Cadastral System (CCS) CCS Cadastral / Land Rights Data Public access National Land Registration Organization National Land Registration Organization National Land Registration Organization Citizens

Strictly Confidential © An inspiring model of this approach could be the Register of the Domain of the State (RDE) existing in the province of Quebec, Canada Clients of RDE: ministries and public organizations keeping their own responsibilities in terms of right’s registration using a common official infrastructure to register rights, restrictions and responsibilities using governmental public key infrastructure. Needs for a Core Cadastral System (CCS)

Strictly Confidential © 2014 Cours Introduction à la géomatique, U. Laval 12 novembre 2012 Registre du domaine de l’État

Strictly Confidential © 2014 Cours Introduction à la géomatique, U. Laval 12 novembre 2012 Registre du domaine de l’État

Strictly Confidential © The CCS could be self-financed. The business model will have to be developed. Users’ fees could be based on the GDP per capita of the country Access to services could be charged. National cadastre and land registration organizations using the CCS services would have to adapt their legal and administrative frameworks: to the LADM the CCS data specifications. Needs for a Core Cadastral System (CCS)

Strictly Confidential © With a liable IO managing the CCS, the national organizations: would save a lot of money (at the scale of the planet this would represent billions of dollars) in IT development and maintenance. would require less specialized resources at national local level would rely on a safe, up-to-date, reliable and sustainable infrastructure could concentrate their resources and efforts on land reforms in partnership with land surveyors, using the most suitable techniques and FFP approach to speed the land right data collection. Needs for a Core Cadastral System (CCS)

Strictly Confidential © This proposal is made with the only objective to launch the discussion among the main stakeholders involved in land tenure security: UN FAO, UN Habitat, the World Bank and FIG. If the idea proposed in this paper makes sense, and find support among the stakeholders, a feasibilty study could be quickly developed to propose a business model and costs/benefit analisis. If we want to succeed in the global land registration arena, the initiatives and resources have to be coordinated. Needs for a Core Cadastral System (CCS)

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