Local Domain Models for Land Tenure Documentation in Kenya

Land tenure documentation is a crucial aspect of achieving universal land tenure security on a global scale. With approximately 50% of global land held, used, or managed by communities, it is essential to interface indigenous, customary, and informal land tenure systems with official land administration systems. However, the complexity and organic nature of these tenure systems make their modelling and documentation within standard, generic land administration systems extremely challenging. This paper explores a model that integrates a Local Domain Model (LDM) developed for a Maasai community in Kenya with the Land Administration Domain Model (LADM) through an ontological schema called the Adaptor Model. This integration aims to bridge the gap between local and official land administration systems, promoting more inclusive and secure land tenure documentation.

Land tenure documentation is a multifaceted process that involves capturing and formalizing the various ways in which land is held, used, and managed by different communities. Indigenous, customary, and informal land tenure systems are often deeply rooted in local cultures and traditions, making them complex and organic. These systems are characterized by their flexibility and adaptability to local contexts, which can be difficult to model and document within standard, generic land administration systems. The challenge lies in finding a way to integrate these diverse tenure systems with official land administration systems without losing the essence and value of local knowledge and practices.

One approach to addressing this challenge is the development of Local Domain Models (LDMs). An LDM is an ontological schema that captures local knowledge systematically and formally, directly or indirectly relevant to land administration. For example, the LDM developed for a Maasai community in Kenya provides a framework for documenting the unique land tenure practices and knowledge of that community. By capturing local knowledge in a structured format, LDMs can help bridge the gap between indigenous and official land administration systems. This approach allows for the preservation of local practices while also facilitating their integration with broader land administration frameworks.

The Land Administration Domain Model (LADM) is a widely recognized framework for land administration systems. It provides a standardized approach to land administration, allowing for the harmonization of registered or registerable land information. In most LADM implementations, land administration legislation is interpreted through LADM concepts, following a top-down approach similar to traditional land administration systems in western countries. While this approach has its merits, it may not fully account for the diverse and complex nature of indigenous and customary land tenure systems. Therefore, integrating LDMs with LADM becomes essential to ensure that local knowledge and practices are not overlooked in the process of land tenure documentation.

To achieve effective integration between LDMs and LADM, an ontological schema called the Adaptor Model is employed. The Adaptor Model serves as a bridge between the local and official land administration systems, allowing for the seamless integration of local knowledge captured in the LDM with the standardized framework of LADM. This integration ensures that the unique aspects of indigenous and customary land tenure systems are preserved and incorporated into the broader land administration framework. By using the Adaptor Model, it is possible to create a more inclusive and comprehensive land tenure documentation system that respects and values local practices while also meeting the requirements of official land administration systems.

Recent trends in land administration emphasize the importance of public participation in addressing various land administration issues. These issues include the high cost of land registration, land-related conflicts, social unrest due to land use transformations, and corruption. Public participation is not a new concept; since 1998, the World Bank has recognized the power of local participation in community problem-solving through the publication of Indigenous Knowledge (IK) Notes. Engaging local communities in the land tenure documentation process can lead to more accurate and culturally appropriate land administration systems. By involving community members in the development and implementation of land tenure documentation models, it is possible to create systems that are more responsive to local needs and challenges.

Land tenure documentation is a critical component of achieving universal land tenure security. Integrating indigenous, customary, and informal land tenure systems with official land administration systems is essential for creating inclusive and secure land tenure documentation. The use of Local Domain Models (LDMs) and the Land Administration Domain Model (LADM) through the Adaptor Model provides a promising approach to bridging the gap between local and official systems. By emphasizing public participation and valuing local knowledge, it is possible to develop land tenure documentation systems that are both culturally appropriate and effective in addressing land administration challenges.

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