A/HRC/22/46
grabbing. Their particular impact on security of tenure should be assessed against the
Guiding Principles on Business and Human Rights (A/HRC/17/31, annex).
B.
Land management and administration
75.
Land management and administration can have enormous positive impacts on
solving land disputes and strengthening tenure security. However, prevalent land
management and administration projects, by focusing on the granting of individual freehold
titles to users or owners of non-contested plots, have often proven ill-suited to recognize all
forms of tenure and in particular to protect the most vulnerable. This is particularly the case
in urban contexts, where such programmes have on occasion unwittingly discriminated
against or excluded urban poor.57 Land management programmes might also unwittingly
exclude IDPs.58
76.
Titling is not just a matter of formalizing informal arrangements that already exist.
Very often, contradictory claims of ownership arise following the announcements of titling
programmes.59 A related difficulty has been that titling of contested plots involves
politically contentious decisions about the allocation of rights and thus is difficult to
advance—this is often the case in informal settlements. 60
77.
At a more basic level, land titling is unlikely to address the global needs for
increased tenure security within an adequate time frame. In many countries adjudication
and registration of freehold land parcels at current rates could take well over a century.
C.
The role of public land
78.
Public land remains one of the most important potential sources of land for housing
the poor, yet there remain obstacles to using public land for such purposes. For instance,
poor land governance, corruption in land administration and the tight relationship that exists
between tenure status and land values encourages nepotism, corruption, clientelism and
market-driven interests in public land allocation.
79.
Legal dualism and ambiguity between the concepts of ―public domain‖ and ―State
domain‖, common in francophone Africa for instance, is blurring the boundary between
alienable and unalienable land, to the benefit of government actors involved in land
allocation. The lack of public land demarcation also allows for misuse. 61
80.
Legal regimes regulating the use of public land differ greatly in their flexibility or
ability to make land secure or not. In many countries, the State can grant temporary and
conditional permits to settle on public land, such as ―temporary licenses‖ in Nigeria or
―permits to occupy‖ in francophone Africa.62 There is great diversity in the rights and level
of security such permits offer. Such temporary allocations of public land offer needed
housing with some security to those who occupy that land, in a context of scarcity of
57
58
59
60
61
62
See, for example, Bridges Across Borders Southeast Asia et al., Untitled: Tenure Insecurity and
Inequality in the Cambodian Land Sector (2009).
In Côte d‘Ivoire, land titling legislation makes it difficult for displaced persons to apply for
recognition of their rights. See Internal Displacement Monitoring Centre, Whose Land is This? Land
Disputes and Forced Displacement in the Western Forest Area of Côte d'Ivoire (2009).
See Buckley and Kalarickal, Thirty Years (note 23 above), p. 29.
See Adler and So, ―Land governance‖.
See, for example, Inspection Panel Cambodia, ―Investigation report‖, p. xx.
See A/HRC/22/67, case NGA 2/2012, Government response No. 397/2012.
17
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