FIG PUBLICATION NO. 13A
THE
BOGOR DECLARATION
United Nations Interregional Meeting of Experts
on the Cadastre
Bogor, Indonesia 18-22 March, 1996
This publication in .pdf-format
 |
The organisers of the conference wish
to acknowledge the support of the Land Administration Centre of New
South Wales, Australia, in the publication of this document. |
Contents
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Background
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Historical Perspective
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AGENDA 21, the HABITAT II Global Plan of
Action and the Role of Cadastral Systems
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A Cadastral Vision
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Diversity of Needs
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Cadastral Issues
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The need for Re-engineering Systems
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Administrative and Technical Options
8.1 General
8.2 Land Policy Options
8.3 Legal Options
8.4 Institutional Options
8.5 Technical Options
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Resource Implications
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The Role of the Private Sector and NGO's
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Recommendations
Orders of the printed copies
THE BOGOR DECLARATION
United Nations Interregional Meeting of Experts on the Cadastre
Bogor, Indonesia
18-22 March, 1996
1. Background
1.1 An Interregional Meeting of Experts on the Cadastre was held in
Bogor, Indonesia from the 18-22 March, 1996. The United Nations Department for
Development Support and Management Services (DDSMS) worked closely with the
Indonesian State Ministry for Agrarian Affairs, the National Land Agency (BPN),
the National Coordination Agency for Surveys and Mapping (BAKOSURTANAL) and the
International Federation of Surveyors (FIG) in organising the meeting. The
meeting also received an important contribution from AusAID, the Australian
agency for international development.
1.2 The meeting was attended by experts from Australia, Bulgaria,
Cambodia, People's Republic of China, Indonesia, Republic of Korea, Malaysia,
New Zealand, Philippines, South Africa, Sweden, United Kingdom, Thailand and
Vietnam, as advised by the FIG.
1.3 The meeting was a response to the problems of land management and
environmental protection as stipulated in the Global Plan of Action for HABITAT
II, and to the recommendations contained in Agenda 21 arising out of the United
Nations Conference on the Environment and Development (UNCED), the "Earth
Summit", in Brazil in 1992. Due to the international importance of the subject,
the meeting was included in the calendar of events leading up to the HABITAT II
conference or "City Summit" in Istanbul in June 1996.
1.4 Since its inception the United Nations has been actively promoting
cadastral programs, guidelines, seminars and workshops through its various
agencies. This commitment is continued in Agenda 21 and the Habitat II Global
Plan of Action which recognise that efficient and effective cadastral systems
are essential for economic development, environmental management and social
stability in both developed and developing countries.
1.5 The main objective of this interregional meeting was to consider
the desirable requirements and options for cadastral systems with particular
emphasis on the Asia and Pacific region and to make recommendations to the
United Nations, national governments and appropriate non government
organisations (NGOs) on cadastral and land management issues.
1.6 The meeting recognised that all countries have individual needs
but that countries at similar stages of development have some similarities in
their requirements.
1.7 The meeting also recognised that a key to a successful cadastral
system is to ensure that the three main cadastral processes of adjudication of
land rights, land transfer and mutation (subdivision or consolidation) are
undertaken efficiently, securely and at affordable cost and speed, in support of
an efficient and effective land market.
1.8 This Declaration is a summary of the key outcomes from the meeting
and is supported by all experts.
2. Historical perspective
2.1 The United Nations has been involved in land administration issues
since its inception, and in the early 1950s its Food and Agriculture
Organisation published a series of monographs including one on the registration
of rights in land. This was published in 1953 and has recently been revised and
reissued.
2.2 In 1972 the United Nations called together an ad-hoc group of
experts in response to a resolution of the Sixth United Nations Conference for
Asia and the Far East that requested the United Nations to 'study in depth the
problems of cadastral survey and to consider the setting up of a permanent
committee to keep developments in this field under constant review'. The report
produced a series of guidelines particularly directed at developing countries.
2.3 A further meeting of a group of experts was convened in 1983 and
updated this report. It stressed the need for speed, economy and efficiency and
encouraged the use of computer technology in the development of land information
systems.
2.4 This current meeting was a response to a resolution from the
United Nations Cartographic Conference for Asia and the Pacific held in Beijing
in 1994 which recommended that a range of cadastral options be determined to
serve the different needs of countries in the Asian and Pacific region.
2.5 In 1996 the United Nations Economic Commission for Europe produced
a set of Guidelines on Land Administration for countries in economic transition
as its contribution to the HABITAT II Conference.
2.6 At the same time the International Federation of Surveyors has
been active in cadastral issues, particularly through its Commission 7 which is
responsible for cadastre and land management. One outcome from this activity has
been the publication of a "Statement on the Cadastre" in 1994 which to date has
been translated into eight languages.
2.7 This United Nations meeting noted all such previous activity so as
not to "re-discover the wheel" and in particular adopted the FIG definition of
cadastre as set out in the Statement on the Cadastre as the basis for discussion
as set out below:
"A Cadastre is normally a parcel based, and up-to-date land information
system containing a record of interests in land (e.g. rights, restrictions and
responsibilities). It usually includes a geometric description of land parcels
linked to other records describing the nature of the interests, the ownership
or control of those interests, and often the value of the parcel and its
improvements. It may be established for fiscal purposes (e.g. valuation and
equitable taxation), legal purposes (conveyancing), to assist in the
management of land and land use (e.g. for planning and other administrative
purposes), and enables sustainable development and environmental protection."
3. Agenda 21, the HABITAT II Global Plan of Action and the
role for cadastral systems
3.1 Many countries already recognise the need for a cadastral system.
Agenda 21 and the HABITAT II Global Plan of Action provide additional
justifications for establishing and maintaining appropriate cadastral systems to
serve the different needs of nations and their citizens.
3.2 Both documents address environmental protection, sustainable
development and better living standards for all and identify a number of key
areas of responsibility for land administrators. These include issues regarding
access to information, development of appropriate data bases, exchange of
information, land use and transportation planning, legal frameworks and in
particular land tenure. Land administrators are called on to create efficient
and accessible land markets that meet community needs by improving land registry
systems and streamlining procedures in land transactions; and to establish
appropriate land tenure to provide security for all land users, especially for
indigenous peoples, women and the poor.
3.3 A number of key activities or institutions raised by Agenda 21 and
the Habitat II Global Plan of Action highlight the importance of cadastral
systems to sustainable development and environmental management. These include
clear and secure title, facilitating access to land, sustainable human
settlement, efficient land information systems and effective land administration
systems.
3.4 The formalisation of rights in land, which are an integral
component of an effective cadastral system, is very important for sustainable
economic development and environmental management in both urban and rural areas.
3.5 In rural areas secure tenure and the formal recording of rights in
land are important: in promoting increased investment in agriculture; for more
effective husbandry of the land; for improved sustainable development; to
support an increase in GNP through an increase in agricultural productivity; and
to provide significant social and political benefits leading to a more stable
society, especially where land is scarce or under disputed ownership. In densely
populated rural areas or areas of high land value a cadastral system also
facilitates the operation of an effective land market at affordable cost and
allows an equitable land taxation system to be operated.
3.6 This is also true in urban areas where a cadastral system is
essential to support an active land and real estate market by permitting land to
be bought, sold, mortgaged and leased efficiently, effectively, quickly and at
low cost. In addition a parcel based land information system (not necessarily
computerised), based on the cadastre, is essential for the efficient management
of cities. Cadastral systems permit land and property taxes to be raised thereby
supporting a wide range of urban services, and allowing the efficient management
and delivery of local government services.
3.7 The meeting agreed that the issue is not whether cadastral systems
are important and essential, but what is the most appropriate form of cadastral
system for each country.
4. A Cadastral Vision
4.1 The vision of the future shared by the meeting was to:
- develop modern cadastral infrastructures that facilitate efficient land
and property markets, protect the land rights of all, and support long term
sustainable development and land management.
- facilitate the planning and development of national cadastral
infrastructures so that they may fully service the escalating needs of greatly
increased urban populations. These will result from the rapid expansion of
cities that is already taking place and which is projected to continue into
the 21st century.
4.2 To achieve effective sustainable resource management and
development for the future world population explosion, simple and effective
cadastral structures must be available. These will need to support land use
planning, accommodate the greatly increased demand for facilities and resources
while ensuring that there is minimum damage to the environment, and be the
foundation for the orderly and efficient provision of property markets and the
supply of land-related services. They will need to provide simple mechanisms for
identifying and protecting property rights, responsibilities and obligations,
for recognising land use opportunities and limitations, environmental
requirements and constraints, and for permitting consistent and acceptable
valuation assessments.
4.3 The cadastral infrastructures envisaged for the 21st century will
need to adapt to the different patterns and rates of population change. They
will therefore vary according to the circumstances and population profiles of
different countries. Nevertheless, a common cadastral vision is possible and is
indeed essential to the progress of all.
4.4 The resulting cadastral infrastructure will facilitate access to
land, support security of tenure and allow land rights to be traded, where
appropriate, in an efficient and effective way and at affordable cost.
4.5 The infrastructure can support a vast array of legal, technical,
administrative and institutional options in designing and establishing an
appropriate cadastral system, providing a continuum of forms of cadastre ranging
from the very simple to the very sophisticated. Such flexibility allows
cadastres to record a continuum of land tenure arrangements from private and
individual land rights through to communal land rights, as well as having the
ability to accommodate traditional or customary land rights.
4.6 The cadastre will include all land in a state or jurisdiction,
including all state and private lands. It will cover both urban and rural areas
within a unified system. Each land parcel will be uniquely identified.
4.7 The spatial cadastral framework (usually a cadastral map) will be
a fundamental layer within a nation's spatial data infrastructure thereby
allowing the integration of different forms of spatial data.
4.8 While the vision is applicable in general terms to all countries,
it is essential that it is implemented to meet the individual needs and
different development priorities of United Nations member countries.
5. Diversity of needs
5.1 The meeting recognised that different countries have different
needs for a cadastre at different stages of development. While the basic
justifications for cadastral systems are economic development, environmental
management and social stability, different countries will place greater
importance on different areas at different periods of their development.
5.2 Western developed countries that have relatively complete
cadastral systems tend to be more concerned with increased efficiency and
micro-economic reform. Countries which are moving from a command economy to a
market economy are more concerned with the rapid creation of a new system in
support of economic development and efficient land markets. Likewise developing
countries are concerned with economic growth, the protection of land rights and
the reduction of land and boundary disputes. In all countries there is a concern
that cadastral systems support social justice.
5.3 Due to their different stages of development, different countries
have different capacities for the development of cadastral systems. In
particular human, technological and financial resources will determine the most
appropriate form of cadastral system to meet the needs of individual countries.
Thus a simple low cost manual cadastre recording only private ownership rights
may be appropriate for one country, while a sophisticated and relatively
expensive fully computerised cadastre recording a wide range of ownership and
land use rights may be appropriate for another country.
6. Cadastral issues
6.1 The meeting reviewed a broad range of issues that affect access to
land, security of tenure and the management of land resources. While there was
great diversity amongst the countries represented, a common concern was the
identification of ownership of rights in land, especially rights of occupancy
and use.
6.2 There can be little security in the buying, selling, mortgaging,
inheriting, leasing and renting, and enjoyment of easements over land without
the clear identification and recording of rights. Even where documentation has
taken place, there is often a separation between ownership rights, usually
administered by a central government authority, and use rights, usually recorded
and controlled by local authorities. It was noted that in one jurisdiction there
were over 120 statutes which could possibly impact on the use of parcels of
land.
6.3 There is a need to identify clearly what restrictions and
obligations relate to any individual land parcel and to simplify access to this
information for the land owner or user. This applies to both urban and rural
land and to land held in formal and informal tenures.
6.4 A variety of forms of informal tenure were identified by the
meeting, for instance those that involve the illegal occupation of government or
private land; those that result from the infringement of formal land use
controls; those where settlement is long established but has not yet been
brought within the formal registration system; and those where land is vacant
but subject to an unproven claim.
6.5 It was recognised that many cadastral systems are at present
unable to keep pace with urban growth and that intermediate or provisional forms
of tenures may be needed to cover the transition from informal to formal.
6.6 It is important to keep any land record system simple and
up-to-date. Several different organisations may maintain land records about the
same piece of land, hence a common definition of a land parcel and a common
system of land parcel referencing is essential to ensure the effective exchange
of information about the land between these different organisations. Thus
whereas the recording of ownership rights and use rights may be the
responsibility of different authorities, the data must be compatible between
them.
6.7 There is a strong need to integrate and rationalise land title
registry and cadastral systems, to link and coordinate them with other land
administration and management activities such as valuation and planning. The
responsibility for the maintenance of individual land records should remain with
those responsible for their original collection. Provided that each organisation
works to compatible standards the exchange of information between all those
concerned with land management and administration should be facilitated.
6.8 Cadastral systems are not ends in themselves. They support
effective land markets, increased agricultural productivity, sustainable
economic development, environmental management, political stability and social
justice.
6.9 Cadastral reform or improvement should focus on the functions of
the cadastre and in particular the key processes that are associated with
adjudicating, transferring and sub-dividing land rights.
6.10 The success of a cadastral system is not dependent on its legal
or technical sophistication, but whether it protects land rights adequately and
permits those rights to be traded (where appropriate) efficiently, simply,
quickly, securely and at low cost. However if the resources are not available to
keep the cadastral system up-to-date then there is little justification for its
establishment.
7. The need for re-engineering systems
7.1 The meeting recognised that the success of a cadastre is not
dependent on its legal or technical sophistication, but whether it protects land
rights adequately and permits those rights to be traded (where appropriate)
efficiently, simply, quickly, securely and at affordable cost. This requires a
focus on the user and landowner as well as the needs of government. As such the
meeting focused on the efficiency of the key cadastral processes of land
adjudication, land transfer and mutation (subdivision and consolidation).
7.2 In order to improve a cadastral system the importance of focusing
on the cadastral processes to identify bottlenecks, inefficiencies and
duplication was recognised. Once the processes have been fully documented and
understood it is possible to re-engineer them to improve efficiency and
effectiveness in the delivery of cadastral services to the user. Such
re-engineering often requires changes to legislation, modified institutional and
administrative arrangements, and the use of different technologies.
8. Administrative and technical options
8.1 General
8.1.1 The main objective of the meeting was to consider appropriate
administrative and technical options for the cadastre to serve the different
needs of countries at different stages of development. The meeting considered in
general terms administrative options which included land policy, legal,
institutional and technical options. In considering all options the meeting took
into account economic and human resource issues and the cost of the various
options.
8.2 Land Policy Options
8.2.1 Land policy is a part of the national policy of countries. Such
policies generally relate to economic development, social justice and equity,
and political stability. The land policy may for instance include or promote the
provision of security of tenure, improve access to credit, land reform, land
titling and the resolution of issues relating to traditional or customary
tenures, facilitate special attention to provision of land for the poor, ethnic
minorities and women, facilitate land use and physical planning, real property
taxation, measures to prevent land speculation and land disputes. The meeting
emphasised the need to establish a coherent national land policy to guide
policies within different sectors.
8.2.2 The cadastre can support land polices by providing a legal
framework for administering land rights. A land rights framework supports
structural change, environmental protection and sustainable management and
control of natural resources and environment. It supports land markets,
information for planning and monitoring of land use and also provides tools for
the implementation of land policies, for instance land consolidation, resolving
land disputes or compulsory acquisition of land.
8.3 Legal Options
Within this policy framework, particular legal issues must be addressed
including:
- appropriate land registration legislation to include questions on
provisional titles and procedures for registration
- adjudication
- indefeasibility of title and adverse possession
- protection of different levels of rights and interests in land such as
ownership, long- and short-term leaseholds, easements, shares in real
properties, group rights, rights to apartments, rights to jointly owned
facilities etc.
- land acquisition including compulsory purchase
- land allocation and land consolidation or reapportionment
- land parcel mutations (subdivision, consolidation, boundary re-adjustment)
- strata, cluster and community titles
- copyright and data protection when cadastral data becomes a marketable
commodity
- quality assurance and licensing of practitioners
8.4 Institutional Options
A variety of issues arise when selecting the most appropriate organisational
structure for managing a cadastre. These include:
- whether there should be combined land registration and cadastral surveying
and mapping functions or whether these should be separate organisations
- whether the system should be centralised or decentralised
- how to establish linkages between different authorities responsible for
maintaining records on the ownership, value and use of land.
- whether the activities of the cadastre should be commercialised,
corporatised or privatised
the extent of participation by private surveyors in a state run cadastre
- the role of professional bodies and NGOs and the administration of
licensing boards
regulation of responsibilities, accountability, quality assurance
- funding arrangements for the creation or development of a cadastre
- education training and continuing professional development
- research and development
- international cooperation
8.5 Technical Options
8.5.1 Technical options for the development and maintenance of the
cadastre were considered by the delegates. Consideration covered the different
needs of countries at different stages of development. The major factor
addressed was the identification of the need for, the appropriateness of and the
phasing in of computerisation into the cadastral environment based upon need,
geography or political dictate. Any move towards the adoption of a programme of
computerisation should be subject to the availability of trained staff or
contractors, the access to maintenance and support staff, adequate
communications and a suitable storage capability. The move to computerisation
should bring security to the cadastral system, greater accessibility to
information and will overcome the deterioration of records in paper form.
8.5.2 It is likely that emphasis will be given first to the
computerisation of indexes, then to textual data sets, moving through graphical
data conversion, the establishment of the fundamental spatial data bases and
ultimately leading to an automated mapping capability.
8.5.3 While the end result will improve system functionality and
linkages between the components of the cadastral system it is essential to
achieve short term results to demonstrate what the future will bring. This is
best done by comprehensive pilot projects where issues of or proposals for data
conversion, standards and the updating and upgrading of content can be developed
or proved. Experience and education are the best outcomes from a pilot project.
8.5.4 Computerised indexes should be an initial development to
provide, at the strategic level, a statement of metadata available throughout
the cadastral system. Initially such indexes will provide rapid access to
existing manual records. At the tactical level, emphasis should be placed on the
careful selection of a unique parcel identification system.
8.5.5 The long term aim should be to move from paper to computer
titles to improve efficiency and particularly to improve the ease of dealings in
the mortgage market. Any move to reliance on electronic titles however must be
accompanied by a change of approach to the certification of documents. This will
bring a recognition of the adoption of risk management.
8.5.6 Microfilming and video imaging are technologies which have a
role in cadastral reform. Microfilming is an important tool for maintaining a
backup record of title and cadastral map records. However it is still a manual
system with often slow access time. Video imaging, records images of title and
cadastral maps on video laser disks provide very good archiving of records and
rapid access and copying. However the records have no 'intelligence' since they
are simply images. It is not possible to search textual data within the record
for example.
8.5.7 The choice of technologies will depend on resources and the
subject land, be it urban, rural or remote. This is usually a function of land
value. The adoption of technology should be phased, based on the urgency of the
task, the geography, the desired standards and the use of the private sector. It
may well require the re-engineering of manual systems before the use of new
technologies. Field operations should also be phased and the technologies may
range from GPS to the plane table. The steps may well commence with large scale
photomaps for planning and adjudication purposes.
8.5.8 In summary, the major observations by the delegates were :
- A National Spatial Data Infrastructure should be established to ensure a
uniform approach for maximum integration and security of data, effective
resource use and the development of a comprehensive land information system.
- Topographic and cadastral data bases should be homogenous and uniformly
based on the national geodetic network to ensure future data set integration.
- Early consideration should be given to the appropriate methodology for the
updating and upgrading of all cadastral systems.
9. Resource implications
9.1 Cadastral reform or improvement has major human, technological and
financial resource implications.
9.2 The meeting noted that some nations have, for example, one
university educated professional land surveyor for every 5,000 population. These
numbers support a sophisticated computerised cadastral system. On the other hand
some countries have as few as one land surveyor for every 100,000 population,
even though the cadastre was not complete and was of a more simple design.
9.3 Even recognising that the more developed nations may have systems
which are more dependent on highly trained professionals, the discussion within
the meeting did recognise that human resource issues are one of the major, if
not the major, limitation in developing cadastral systems in developing
countries.
9.4 The meeting identified that inadequate financial resources are a
major limitation to improving cadastral systems. It was however noted that
cadastral systems do provide governments with an important source of revenue
generation but that revenue generation is heavily dependent on maintaining an
efficient system.
9.5 Human and financial resources were recognised as major limitations
in developing cadastral systems.
10. The role of the private sector and NGOs
10.1 The meeting discussed the trend in many countries towards a more
commercial approach to operating cadastral systems and to the increasing use of
the private sector where this can be shown to be more cost effective and more
productive. In cadastral surveying the use of the private surveyors requires
adequate quality control mechanisms to ensure the integrity of the national
spatial data archive.
10.2 Whereas in many countries this has traditionally been achieved
through a system of licensing individual surveyors and conveyancers, and careful
scrutiny of their work by government officials, there is a growing trend towards
quality assurance and less rigorous government monitoring. In an increasing
number of countries, government mapping agencies are themselves being made to
compete in the market place and to recover much if not all of their costs.
10.3 Semi-privatisation of national mapping agencies has occurred at a
time when governments and international agencies such as the United Nations are
seeking to make greater use of NGOs. On the global stage organisations such as
the International Federation of Surveyors (FIG) have been collaborating with
United Nations agencies while at the national level Institutions or Associations
of Surveyors have a role as intermediaries between government and the community
and in ensuring the professional standards of practitioners.
11. Recommendations
The following recommendations assume the definition of cadastre as adopted in
the FIG "Statement on the Cadastre" which is a broader interpretation than that
adopted in some jurisdictions.
To the United Nations
1. To assist in the establishment of inter-regional forums for
officials and experts in cadastre and associated forms of land administration
with annual meetings to promote cooperation in the exchange of technical
knowledge, expertise, education and training.
2. To produce a set of guidelines for cadastre and associated forms of
land administration along the lines of those recently produced by the United
Nations Economic Commission for Europe but based on a taxonomy of regional
needs, for instance with special reference to the practices in South East Asia.
3. To support a workshop to develop a clearer definition of the form
and range of land rights and the responsibilities and obligations which attach
to land rights specifically within the Asian and Pacific region.
4. To produce a set of guidelines to determine the costs, benefits,
risks and value for money of cadastral systems to assist national governments in
evaluating support for cadastral projects.
5. To investigate the desirability and feasibility of establishing
regional support centres to address the education and training needs of
cadastral system managers and related professionals within each region.
6. To encourage the participation of private, national and
international funding agencies in supporting investment in improvements to
cadastral and land registration systems, especially in developing countries.
7. To use the forthcoming HABITAT II conference to promote the role of
cadastres and land registration systems in economic and social development in
the debate and deliberation of world leaders.
To national governments
1. To recognise the essential role of land and property in economic
development, environmental management and social stability.
2. To recognise that the operation of land markets which rely on a
cadastre as basic infrastructure is a significant source of revenue generation.
However it should also be recognised that maintaining and increasing such
revenue is dependent on improvements to both the surveying and mapping and land
registration functions.
3. To recognise the fundamental role that cadastral maps, either in
paper or computer form, play in a national spatial data infrastructure. As such
it is very important that cadastral surveying and mapping is based on a national
geodetic framework common to all spatial data sets thereby permitting the
integration of spatial data, particularly topographic data, and supporting the
establishment of land and geographic information systems.
4. To recognise the essential and close relationship between cadastral
surveying and mapping and land registration in the efficient and effective
operation of cadastral systems. While recognising that in some jurisdictions
these organisations may be separated, improved efficiency and a reduction in
duplication demand an integrated approach to managing and operating the
cadastre.
5. To recognise the important linkage between the government, private
and educational sectors in establishing and maintaining appropriate cadastral
systems.
6. To support the United Nations activities in institutional building
and capacity development in the operation of cadastral systems.
7. To strengthen NGOs, and particularly professional organisations and
learned societies concerned with cadastral activities in order that they may
effectively contribute to the development and maintenance of cadastral systems.
To Non Government Organisations
1. To recognise the important contribution that NGOs can make at both
a national and international level in technology transfer and information
exchange. NGOs can also play an important mediating role since they usually
represent the collective interests of the government, private and/or educational
sectors.
2. To increase cooperation with United Nations agencies in collecting
and exchanging information on the cadastre, standards in land information,
producing guidelines, institutional building and capacity development.
3. To encourage their members to establish educational and research
programmes in cadastre and land administration in their national higher
educational systems.
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