Burkina Faso: Piloting “One-Stop Shops” to Streamline Land Registry Procedures 23 Alain Traore
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Public Disclosure Authorized DIRECTIONS IN DEVELOPMENT Private Sector Development Public Disclosure Authorized Untying the Land Knot Making Equitable, Efficient, and Sustainable Use of Industrial and Commercial Land Public Disclosure Authorized Edited by Xiaofang Shen with Xiaolun Sun Public Disclosure Authorized Untying the Land Knot Untying the Land Knot Making Equitable, Efficient, and Sustainable Use of Industrial and Commercial Land Edited by Xiaofang Shen, with Xiaolun Sun © 2012 International Bank for Reconstruction and Development / International Development Association or The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org 1 2 3 4 15 14 13 12 This volume is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this volume do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dis- semination of its knowledge, this work may be reproduced, in whole or in part, for noncom- mercial purposes as long as full attribution to the work is given. For permission to reproduce any part of this work for commercial purposes, please send a request with complete information to the Copyright Clearance Center Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected]. ISBN (print): 978-0-8213-8970-6 ISBN (electronic): 978-0-8213-8924-9 DOI: 10.1596/978-0-8213-8970-6 Library of Congress Cataloging-in-Publication Data has been requested. Cover photos: Ray Gordon. The photos were taken in mid-2009 from inside the partially completed main customs building/gatehouse at the Lekki Free Trade Zone project on the Lekki peninsula east of Lagos, Nigeria. Contents Preface xv Contributors xix Abbreviations xxvii Overview 1 Xiaofang Shen The Conceptual and Institutional Framework: A Multifaceted Challenge 3 The Importance of Investment Environment 5 Understanding the Specific Concerns of Investors 6 Dealing with the Problems 11 Lessons Learned 17 Notes 18 References 19 v vi Contents PART 1 Meeting the Challenges: Case Studies 21 Chapter 1 Burkina Faso: Piloting “One-Stop Shops” to Streamline Land Registry Procedures 23 Alain Traore From Controversy to Reforms 24 The Initial Land Access Problems 24 The Key Players and Their Concerns 25 The Solutions and Program Implementation 26 The Initial Results 27 Next Steps 29 Conclusions and Lessons Learned 30 Notes 31 References 32 Chapter 2 Mozambique: Engaging Indigenous Groups to Develop Sustainable Business 33 Christopher Tanner Acquiring Land Rights 34 Duration, Extinction, and Transmission of Land Rights 36 Protected Areas 37 A Case Study: Coutada 9 in Macossa District 38 Conclusions and Lessons Learned 42 Notes 44 References 45 Chapter 3 Namibia: Developing Communal Conservancies to Redress Inequalities in Income and Wealth 47 Uda Nakamhela Communal Area Conservancies 48 Tourism and Wildlife Concessions on State Land 51 Right of Leasehold on Communal Land 51 Conclusions and Lessons Learned 53 Notes 55 References 55 Contents vii Chapter 4 Rwanda: Reforming Land Administration to Enhance the Investment Environment 57 Didier G. Sagashya Land Reform 57 Establishing the Policy, Legal, and Institutional Framework for Land Reforms 59 Implementing Land Reforms: A Two-Pronged Approach 63 Conclusions and Lessons Learned 68 Notes 69 References 69 Chapter 5 South Africa: Creating Win-Win Solutions for Business, Local Community Development, and Conservation 71 Lala Steyn The Makuleke Land Claim and Settlement Agreement 72 Conservation-Friendly Economic Development: Hunting and Lodges 75 Institutional Arrangements, Good Governance, and Benefit Sharing 78 Conclusions and Lessons Learned 81 Notes 84 References 85 Chapter 6 China: Shenzhen Special Economic Zone as a Policy Reform Incubator for Urban Land Market Development 87 Xiaofang Shen and Songming Xu The Beginning of the Journey 87 Moving toward State Land Transferability 88 Opening the Possibility for Market Competition 90 Deepening Land Market Reforms 93 Implementing Market-Oriented Land Use Planning and Zoning Regulations 95 viii Contents Results: Benefits and Costs 99 Notes 101 References 102 Chapter 7 Arab Republic of Egypt: Simplifying Procedures for Tourism Development in the Red Sea Area 105 Ahmed M. G. Abou Ali The Initial Problems 106 Establishment of the Tourism Development Authority 107 Establishment of Tourism Development Zones 109 Coordination among the Various Authorities 110 Observation of Environmental Standards 113 Impact of the Reforms 114 Conclusions and Lessons Learned 116 Notes 117 References 117 Chapter 8 Mexico: Revitalizing Baja California via Stakeholder Collaboration 119 Ray Gordon The Beginning of an Aquaculture Project 120 Land Use Regulations 122 Project Planning, Design, and Construction 123 Challenges in Land Development 124 Support from and Benefits for the Local Community 125 Conclusions and Lessons Learned 126 Chapter 9 Turkey: Modernizing Land Information Systems through a Stepped Approach 129 Ali Beba TAKBI˙S and Its Objectives 131 First Pilot Implementation: Çankaya and Gölbas¸ı (Ankara) 132 Expanding Implementation of TAKBI˙S to Istanbul and the Rest of Turkey 135 Contents ix Stakeholders’ Participation: The Key to TAKBI˙S Design 136 Initial Impact of TAKBI˙S on the Investment Climate 137 Conclusions and Lessons Learned 139 Chapter 10 Vietnam: Improving Access to Land for Small and Medium Enterprises 141 Ivan Nimac, Stephen B. Butler, Huong Mai Huynh, and Lan Van Nguyen Increased Focus on Small and Medium Enterprises 142 Land Access Problems Facing SMEs 143 Implementing Land Policy Reforms 144 Results and Next Steps 148 Conclusions and Lessons Learned 151 Notes 152 Reference 153 Chapter 11 Hong Kong SAR, China: A Case of Developing a Land Market Based on Long-Term Leasing 155 Chung-min Pang Land Access under the Crown Colony Regime 156 The Transfer of Sovereignty 158 Land Access and Land Rights since the Handover to China 159 Conclusions and Lessons Learned 162 Annex. Articles Relating to Property and Land Rights in the Basic Law 164 Notes 165 Chapter 12 United States: Developing Tribal Trust Land for Native Americans 167 Ezra Rosser Status of Native American Land 168 Outsiders and Sovereignty 169 x Contents Successful Tribal Approaches 172 Conclusions and Lessons Learned 175 Notes 175 References 176 PART 2 Lessons Learned: Technical Papers 177 Chapter 13 Improving State Land Approval Processes: From Administrative Simplification to Competitive Allocation 179 Stephen B. Butler Land Allocation by Administrative Process 180 Improving Administrative Procedures for Land Allocation 181 Ameliorating the Risks of the Land Application Process 183 Transparency 185 Simplifying Administrative Procedures through Process Mapping 185 Allocation of State Land through Competitive Procedures 192 Summary 196 Notes 196 References 197 Chapter 14 Business Access to Land under Customary Use: How to Involve and Benefit Local Communities 199 Xiaofang Shen and Elizabeth Hannah Understanding Customary Rights 201 Understanding the Stakeholders and Their Special Interests 205 Toward a Solution 209 Conclusions 218 Notes 220 References 221 Contents xi Chapter 15 Making Long-Term Leasing Work for the Land Market: Principles and Techniques 223 Stephen B. Butler What Do Investors Want in a Long-Term Land Lease? 224 Summary 235 Note 236 References 236 Chapter 16 Using One-Stop Shops to Facilitate Access to Land: Its Pros and Cons 237 Jacqueline Coolidge Burkina Faso 241 Serbia 241 Georgia 242 Russian Federation 245 Conclusions 248 References 249 Chapter 17 Applying Land Information Systems to Assist Business Access to Land 251 Mathew Warnest and Xiaofang Shen Land Information Systems 252 Broader Needs for Effective Implementation 255 Conclusions 261 Notes 262 References 262 Chapter 18 Reconciling Public and Private Interests in Urban Land Development: An Integrated Approach to Urban Design 263 Ray Gordon with Zaki Ghiacy and Xiaofang Shen xii Contents The Role of Urban Design 265 Challenges in Urban Design 267 Prerequisites to Successful Implementation 268 A Four-Step Process 269 Summary 273 Annex. Examples of Successful Urban Design Projects 274 References 276 Boxes 4.1 Procedures for the Land Regularization Process in Rwanda 63 14.1 Impact of Inappropriately Forced Relocation on the Poor and the Vulnerable 212 14.2 Inappropriate Government Intervention and the Effect on Investment 213 14.3 High-End Ecotourism Investment Involving Local Communities in Botswana 215 14.4 IFC Performance Standard 5 on Social and Environmental Sustainability 216 16.1 One-Stop Shop for Investors 239 16.2 Dos and Don’ts for OSS 248 18.1 Elements of a Schematic Master Plan 270 Figures O.1 Average Share of Manufacturing Firms Considering Access to Land an Obstacle