MOLA - A UNITED NATIONS LAND INITIATIVE FOR EUROPE

by

Helge Onsrud

Chairman of MOLA

Abstract

The Economic Commission for Europe, which is a regional body of the United Nations, established in 1996 an activity called "Meeting of Officials on Land Administration" (MOLA). MOLA is a meeting place for representatives of institutions in European countries responsible for land administration, outlined as issues related to:

MOLA issues technical guidelines, arranges workshops etc.. MOLA has a particular focus on the needs of countries in transition who are undertaking major projects to establish legislation, systems and organisations for land administration. But also countries in West-Europe are currently modernising their legislation and registers, which makes MOLA relevant to all European countries.

The paper describes the background for setting up MOLA, it’s results so far, and it’s work plan for the coming years.

1. Background

The Economic Commission for Europe (ECE) is a regional United Nations organisation for countries in Europe, but includes also Canada and the United States. It was initially set up for helping in the economic development and co-operation throughout Europe after the second World war. For a long time the ECE was an important arena for economic co-operation across the iron curtain. When the curtain was removed, ECE engaged in other issues of importance for the economic and social development in Europe.

The ECE activity on land administration, as expressed through the Meeting of Officials on Land Administration (MOLA), is a result of the preparatory process leading up to the Habitat II Conference in Istanbul in June 1996. As a contribution to the Habitat II Conference, an ECE Task Force, chaired by professor Peter Dale (President of FIG), prepared the so called "Guidelines on Land Administration", on which MOLA was founded, inter alia, to contribute to the implementation of the Guidelines.

MOLA is however also the result of a strong interest among national mapping and surveying authorities in Europe in creating a pan-European activity in the field of land administration. There has since long existed an organisation for the mapping and surveying authorities in Europe, called CERCO. CERCO has traditionally been dealing with issues related to geodesy and cartography. Several of the CERCO members wanted that CERCO should take up land administration issues, but this was finally rejected by the majority of the members. As a result of this, the interested countries turned to the ECE as a natural platform for bringing the land administration authorities in Europe together. It was also found beneficial to organise such an activity under the auspices of the United Nations, in particular when it comes to assisting countries in transition.

Privatisation of land and security of ownership is increasingly stressed as a prerequisite for a successful introduction of market economy in transition countries in Central and East Europe. Hence there was definitely a mature market for establishing a Pan-European activity to assist countries in transition in developing sustainable legislation, systems and institutions for land administration. In addition almost all countries in West-Europe are simultaneously engaged in modernising their land administration systems, for which information and experiences from other countries is a valuable source for domestic developments.

Land administration refers to the process of recording and disseminating information about ownership, value and use of land and its associated resources. Land administration includes, inter alia, cadastre, land registers, land consolidation, valuation and land information systems.

The terms of reference identifies the following work areas for MOLA:

  1. Basic land management legislation (legislation concerning legal rights in real property including ownership, registration of real property, ownership and mortgages, transfer of ownership, security of ownership, adjudication of land rights and resolution of disputes, land use restrictions, etc.)
  2. Land administration measures (real property formation, land registration, cadastral mapping, real property valuation, etc.)
  3. Land information systems (real property registers, land registers, assessment data, land use data, cadastral maps, etc.)
  4. Organisation and management issues (institutional matters, management, financing of operations, data policy and pricing of services and cost-recovery requirements, development of professional skills, privacy, citizen participation, etc.)

In addition to dealing with the above in relevant meetings, publications, etc., it is underlined that MOLA, in line with CERCO, shall be a meeting place for heads of land administration authorities and agencies throughout Europe, thus providing a platform for making networks between persons and institutions, for the sharing of knowledge and experiences, and for the building of a common European understanding of land administration.

Land administration has so far been regarded as a pure national responsibility, where very little co-ordination has taken place in Europe. Even within the European Community harmonising the legal and institutional framework for the land markets has never really been put on the agenda. However as land markets are liberalised, and increasingly larger investment in land are made across national borders, the market will slowly demand a harmonisation of the cadastres, land registries and of the legislation for transactions in land. MOLA has so far hesitated to enter into making model legislation, as many of the member states still stress the national differences in land policies, land history etc.. It is however a tradition within the ECE to make model legislation in other fields, and I believe the issue rather soon will be on the MOLA agenda as well.

MOLA was established at a meeting in Geneva in February 1996, when the first work program was formulated and a Steering Group with members from ten member states was elected. A plenary meeting to discuss priorities and the work plan, and to elect the Steering Group is foreseen to be arranged every two years.. The second plenary meeting was arranged in Poland in October 1997.

Within the overall structure of the ECE, MOLA belongs to the Committee on Human Settlements. No specific membership or membership fee is required to take part in MOLA; all ECE member states are automatically also entitled to participate in MOLA activities. So far approximately half of the ECE member states have been active within MOLA, which actually is a high figure compared with many other similar activities of the ECE. It is anticipated that MOLA takes all decisions by consensus, and no detailed administrative terms of reference are formulated.

So far MOLA activities have been financed through volunteer contributions from countries, except limited assistance from the ECE. The ECE is providing a secretary devoting 1/5 of his time to MOLA, and the ECE is also providing some printing, translation etc. It has however been very encouraging to experience that several countries have been ready to provide significant resources in undertaking surveys, printing and publishing inventories, hosting meetings, etc.. In the future, however, MOLA will need a more solid financial foundation, and this issue is high on the agenda. The UNE/ECE will not accept that MOLA introduces member fees, so one will have to look for volunteer contributions from countries to a trust fund, or similar solutions. Encouraging dialogue has been initiated with the World Bank, and the co-operation with the European Community and its commission in Brussels will have to be improved

Land administration is a very fast growing field globally, also in terms of projects assisted and financed through national aid programmes or international developing banks and programmes, like the World Bank, regional developing banks and the European Community. It is clearly communicated from international funding institutions that a better co-ordination of projects is needed. Also the recipient countries need to strengthen their capabilities to deal with foreign assistance. Too often it seems that the project premises are formulated by aggressive foreign consultants and companies, bringing hard currency, rather than by the country’s own authorities. MOLA should in particular assist both donor countries, international banks and programmes, as well as the recipient countries in dealing with foreign assistance to land administration projects. As indicated below, MOLA has already arranged the first meeting between donors, lenders and countries to sum up experiences. During this meeting the first guidelines for foreign assistance to land administration projects were drawn up.

2. MOLA progress 1996-97

Through its first 18 months MOLA has:

  1. Prepared the first and second edition of an Inventory of Land Administration Authorities and Agencies in the ECE Member States. It contains names and addresses for national authorities, as well as key characteristics concerning land and title registration, national topographic surveys and recording of parcel boundaries, valuation of land, land use records, and current and future development projects. The Inventory is compiled by Her Majesty’s Land Registry, UK, under the leadership of the recently retired chief registrar, Mr. John Manthorpe.
  2. Prepared the first and second edition of an Inventory of Land Administration Projects in the ECE Member States, with particular focus on projects in countries in transition with foreign financial assistance. The inventory is compiled by the Federal Bureau of Mapping and Surveying, Austria, under the leadership of Mr. Gerhard Muggenhuber.
  3. Arranged a two-day seminar on financing land administration projects in countries in transition, with particular focus on financing through international and national aid programmes, the needs and constraints of the donors and as well as the recipient countries, and published guidelines as resulting form the discussions at the seminar.
  4. Arranged a two-day seminar on the definition and identification of objects in land registers and cadastres, and published the conclusions from the seminar.
  5. Organised the second general MOLA meeting, combined with a work-shop on the impact of good land administration to government.
  6. Established a MOLA homepage on Internet provided by the Slovenian Mapping and Surveying Agency, under the leadership of Ms. Bozena Lipej
  7. Printed, as separate volumes, recommendations adopted at MOLA meetings, kindly through assistance of the Dutch Cadastre, under the leadership of Mr. Paul van der Molen.

MOLA has encouraged the translation of the ECE Guidelines on Land Administration into several more languages. They are currently available in English, French, Spanish, Russian, Polish, and Slovenian language. MOLA has contributed to the ECE seminar on sustainable housing at the Habitat II Conference. MOLA has started the dialogue with relevant governmental and non governmental organisations, in particular the International Federation of Surveyors (FIG), the International Real Estate Federation (FIABCI), the European organisation for registrars (CINDER), the European Council of Geodetic Surveyors (CLGE) and CERCO, to co-ordinate activities and strengthen the impact of all parties.

3. MOLA Work Plan 1998 -1999

The work plan for the biennium 98-99 was adopted at the MOLA general meeting in Poland in October 1997, and further elaborated at a MOLA Steering Group meeting in Prague in February 1998. A draft was presented to the ECE Committee on Human Settlements in September 1997, where the priorities were generally approved.

Within its Terms of Reference MOLA shall in general:

  1. (a) Contribute to the implementation of The Habitat Agenda, in particular
    regarding the Agenda point 75: Ensuring Access to land, and the consequent Actions as listed in
    regarding point 76: ensuring adequate supply of serviceable land,
    regarding point 77: promoting efficient land markets and environmentally sustainable use of land
    regarding point 78: To eradicate legal and social barriers to the equal and equitable access to land, especial the access of women, people with disabilities and those belonging to vulnerable groups
    regarding point 79: To facilitate access to land and security of tenure for all socio-economic groups

Contribute to the implementation of the ECE Plan of Action as adopted by its fifty-second session, from which the following issues are particularly important for MOLA:

Based on the above MOLA has decided on the following concrete activities for the biennium 1998-99:

  1. Identify and take appropriate actions to raise extrabudgetary financing of activities, in particular for short term missions to assist countries in transition, for printing of publications for strengthening the support from the ECE secretariat, for contracting consultants, contact in appropriate written form ECE member states, in order to inform them about the present work plan on land administration, and invite them to provide assistance to these activities by making financial contributions or contributing in kind.
  2. Organise, on average, two work-shops per year, including follow up meetings with the European Union, the World Bank, UNDP, and other donor and lender organisations, on experiences and guidelines for financial and technical assistance to countries in transition.
  3. Arrange, in combination with a work-shop, the third general MOLA meeting, before the end of 1999
  4. Prepare and publish a statement which highlights the social and economic benefits of good land administration, including the importance of this for a functioning land market
  5. Undertake and publish a survey of the current situation concerning the structure of land ownership in the ECE member states, and on legislation and practises to restrict/limit the sale of property, in particular regarding agricultural land
  6. Prepare and publish a statement on market driven solutions for land administration
  7. Collect and publish relevant information about key characteristics of land administration legislation in the ECE member states.
  8. Prepare and publish a survey on land administration entities and identifiers in ECE countries
  9. Update the land administration inventory in Europe, and the documentation of land administration projects, and publish new editions
  10. Develop a strategy for communication with the various bodies and groups which MOLA should inform about its activities, recommendations and publications, however without interrupting the current operation of the MOLA homepage on Internet and the issue of the MOLA newsletter.
  11. Contribute to the development of a EU strategy for geographic information in respect to land information
  12. Establish appropriate arrangements for continued co-operation with CERCO, FIG, EUROGI, FIABCI, ISPRS, CLGE and CINDER, and establish appropriate contact with other relevant governmental and non governmental organisations.
  13. Take appropriate actions to harmonise land administration as dealt with within the UN family, in particular with the FAO, UNCHS and the UN regional cartographic conferences

4. List of ECE land administration documents with reference to MOLA

The following documents as resulting form the ECE activity on land administration are currently available:

  1. The Land Administration Guidelines (1996)
  2. Statement on Land Administration and Terms of Reference of the ECE/MOLA (1996)
  3. Memorandum on Habitat II in relation to land administration (1997)
  4. Report from workshop on definition and numbering of objects in Cadastres and Land Registers (1997)
  5. Financing Land Administration Projects in Countries in Transition (1997)
  6. Reprint of the New Delhi Declaration on Access to Land and Security of Tenure as a Condition for Sustainable Shelter and Urban Development (1996)
  7. The Land Administration Inventory in Europe
  8. The Documentation of Land Administration Projects in Europe

Helge Onsrud
Chairman of ECE/MOLA 1996-1999
Statens kartverk Oslo NORWAY
P.o. box 8120 Dep 0030 Oslo
tel + 47 22 99 10 36
fax + 47 22 99 10 11
email: helge.onsrud@statkart.no