RECONSTRUCTION OF ACEH LAND ADMINISTRATION: THE MULTI-DONOR RESPONSE AND PROGRESS SO FAR

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RECONSTRUCTION OF ACEH LAND ADMINISTRATION THE
MULTI-DONOR RESPONSE AND PROGRESS SO FAR

• Keith Clifford Bell
• World Bank, Sustainable Development Department
• East Asia Pacific Region
• Workshop Aceh Indonesia POST-TSUNAMI and
  Post-Conflict Building a Better land
  administration system

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• On July 14, 2005, UN Special Envoy for Tsunami,
  Mr. Clinton presented his first report on Aceh to
  the UN Economic and Social Council, (ECOSOC) in
  New York City, and advised
• Those of you familiar with the work of Mr.
  (Hernando) de Soto around the world and similar
  projects know that the worlds poor people have
  roughly 5 trillion dollars in assets that are
  totally unusable for economic growth because they
  dont have title to them so they cant get credit
  using what they own as collateral. This is going
  to be done through the World Bank grant in Aceh.
  It is very forward thinking on both the part of
  the World Bank and Indonesia but I hope that the
  other countries affected will do that and in its
  pursuit of the Millennium Development Goals, I
  hope that you, Mr. President and ECOSOC, can have
  an influence in urging this sort of project to be
  done in other countries outside the tsunami
  affected areas.

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Outline

• RALAS Overview
• Design Considerations
• Key Milestones
• Progress to date
• Challenges and lessons learned
• Concluding remarks

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RALAS - Overview

• Development Objectives
• to recover and protect ownership land rights of
  the people in the affected and surrounding areas
  and
• to rebuild land administration system.
• Components
• Component A Reconstruction of Property Rights
  and Issuance of Land Titles (US22.10 million).
• Component B Reconstruction of BPN Institutions
  in Aceh (US2.20 million .
• Component C Project Management (US1.50
  million). .

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What is RALAS designed to deliver?

• Reconstruction of property rights and issuance of
  land title certificates.
• Reconstruction/development of BPN (land)
  institutions in Aceh and rebuilding land
  administration system in the province.

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What does RALAS not do?

• Re-location and re-settlement
• Spatial planning
• Land consolidation

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Specific Design Considerations

• Decentralized project management
• High level of civil society engagement and
  oversight
• High level of community engagement through CDA
• Protection of the rights of widows, orphans and
  disadvantaged
• Recognition that titling would generally follow
  housing and community reconstruction
• Use of non-organic provincial staff
• Limited local private sector. Security concerns
  precluded use of private sector from other
  provinces

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Outline damage Assessment
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Challenges

• Financial and Budgetary
• Legal
• Social
• Cultural/religious
• Technical
• Political
• Capacity
• Conflict/post-conflict
• Security
• Civil Society Engagement
• Coordination of civil society efforts
• Expectations
• Monitoring

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Some Key Milestones (1)

• 2004
• Dec 26 tsunami
• 2005
• Jan GOI requested WB support for land
  administration reconstruction in Aceh and North
  Sumatra (Nias)
• Jan BPN Decree prohibiting land transfers in Aceh
• Feb Bank mission to assess damage and design
  project
• Mar Devastating earthquakes
• April Damage assessment confirmed. Design
  confirmed. Donor found. TTL deployed to
  Indonesia full-time
• Jun MDF Grant US 28.5 million approved
• Jun EU provision of US500k in satellite imagery
  and technical support
• Jul CDA Manual prepared. Issued as BPN decree
• Jul UN Special Envoy, Bill Clinton presentation
  on Aceh (including RALAS) to UN ECOSOC, NY
• Jul Training of civil society facilitators
• Jul new Head BPN appointed

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Some Key Milestones (2)

• 2005 (continued)
• Aug Peace Agreement signed Helsinki
• Aug First fulltime monitor/advisor deployed to
  Aceh
• Sep UNDP approved funding for training
  facilitators, outreach materials and some
  equipment
• Sep RALAS project manager deployed to Banda Aceh
• Oct Issuance of MOF instruction to waive all fees
  and charges for titling. RALAS became
  effective, field teams deployed to Aceh
• 2006
• Mar First titles issued
• Aug Fulltime monitoring team deployed
• Dec Final Visit by UN Special Envoy, Bill
  Clinton
• 2007
• Sep Presidential Perpu on Aceh signed
• Oct Performance audit - BPKP
• 2008
• Jun Revised CDA Manual
• Dec Grant extended until mid-2009

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Results to date

• Trained approximately 700 facilitators (for
  community land mapping and community driven
  adjudication process).
• Trained more than 480 BPN personnel on systematic
  registration and community driven adjudication.
• Training of Shariah Court officials
• Community land mapping completed about 120,000
  land parcels.
• Cumulative progress, as of January 2009
• Total number of title certificates distributed
  114,737 titles.
• Total number of land parcels adjudicated
  223,105 parcels
• Total number of land parcels surveyed 211,829
  parcels
• BPN building renovated/constructed So far, 8 BPN
  office buildings rehabilitated (7 completed and
  put to use while one partially completed).
• About 50,000 land records damaged by tsunami were
  recovered (by end 2006 courtesy JICA) and
  data-bases established.

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Other Outputs

• Key Policy outputs have included
• Dissemination of guidelines on inheritance in
  accordance with Syariah law
• PERPU Treatment of mortgages of properties
  already destroyed by tsunami (presidential
  decree, issued in Sep 2007) and protection of
  pre-tsunami property rights
• Waiver of taxes, fees and charges for land titles
  issued in the tsunami affected areas (MOF
  regulation of Oct 2005)
• Surveying regulations widely disseminated
• CDA (RALAS) Manual prepared and revised

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Some Independent Reviews of RALAS

• Perceived strengths
• Broader contributions in preventing land grabbing
  and speculation, joint titling (gender concerns)
  and overall signal sent on land policy issues
  through information campaigns.
• Training provided (by the Bank) to NGOs helped to
  jump-start community land mapping and
  adjudication of land ownership rights as a
  village/community based exercise.
• More than 120,000 houses constructed using
  community land mapping techniques.
• Facilitated resolution of land disputes at the
  local level.
• Perceived Weaknesses
• Slower than expected pace of land titling
  program.
• Adequacy of engagement with NGOs/CSOs.

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Key Reviews

• Regular WB Supervision mission reports (6 monthly
  reviews)
• Various reviews undertaken by external agencies,
  but generally all based anecdotal evidence and
  lacking in detailed data collection directly from
  field
• MDF funded Project Implementation and Beneficiary
  Assessment (PIBA) completed in Jan 2009
• MDF Mid-Term Review of all MDF-funded projects
• Review of Study on Gender Impacts of Land Titling
  in Aceh, will commence March 2009, funded by
  World Bank Gender Action Plan (GAP)

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Concluding Remarks

• Emergency nature of the project has passed.
  Focus on reconstruction.
• Contributions to longer-term stability to the
  Aceh land administration system
• Impact of new Law on Governing Aceh and
  provincial priorities
• Longer term - Land Market developments
• I can think of nothing that will generate more
  income over the long run for average families in
  this region than actually having title to the
  land they own. Then, they will be able to borrow
  money and build a much more diversified, much
  more modern economy. UN Special Envoy for
  Tsunami Recovery, former US President Mr. Bill
  Clinton, Aceh, 23 May 2005

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Terima Kasih

• Terima Kasih