| 1. Land Tenure Systems and Development:
Problem Outline and Introduction 1.1 What are the
‘Guiding Principles’ Concerned With?
The ‘guiding principles’ deal with land tenure and land
tenures and their actual and necessary consideration in
development cooperation.
Land tenure includes public and private rights and written and
unwritten sets of laws. In the broad sense, land tenure is also seen as the equivalent to
land tenure systems; this way of viewing land tenure concentrates on the relationships
between people and land.
Land tenure systems include the entire scope of land tenure
relationships and are part of the more comprehensive property rights system. Thus, they set the framework for implementation of
land policy and land-related objectives.
Overview 1: Classification of fundamental terms
Source: Kirk 1998, based on Kuhnen 1982.
Land tenure systems are composed of a static and a dynamic
component. The static component subsumes instruments for land administration (cf. 4.3)
while the dynamic component comprises instruments for land development and reform processes (cf 4.4, 4.5, 4.6).
Land tenure comprises the habitual and/or legal rights that
individuals or groups have to land, and the resulting social relationships between the
members of the society.
To better cope with this field
the conceptual foundations for appropriate consideration of land
tenure systems in development cooperation are established,
the instruments for this are identified, further developed and
operationalized as far as possible, and
the basis for decision making is improved resulting in a better
development policy which considers rational, and often differing objectives and conflicts
of interest on national, regional or local levels.
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