Guiding Principles:
Land Tenure in Development Cooperation

gtz_s.gif (1630 Byte)

Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

Frithjof Kuhnen (1996):
Synthesis of Current State of and Trends in Land Tenure and Land Policy in Asia

4.1 Determinants of a Successful Tenure Policy

Tenure policy, i.e., the attempt to influence and change the land tenure situation according to specific goals requires a number of 'essentials' as framework conditions ensuring success and as some 'accelerators' to speed up and facilitate implementation.

The essentials are

  • a strong government with the political will and ability to implement and enforce its policy;
  • clear-cut legislation, which is unambiguous and does not give any possibility to appeal to court, as a preventive measure, and
  • availability of necessary resources (finances, equipment, trained manpower at all levels).

The attempt to influence land tenure will be accelerated by the following factors:

  • Availability of a land right record (cadaster) which gives correct information on the existing land rights.
  • Existence of non-governmental organizations which represent the people concerned and help them to secure their rights and assist the administration in implementing the law.
  • Concurrent implementation of complementary policies and programmes which support the land tenure policy and mitigate negative impacts (Land Management Reform).
  • Embedment of land tenure policy in regional development programmes and projects.