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Measures to Improve Access to Land Resources and Related Benefits in Uganda

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Private Sector Competitiveness Project II. Uganda: Population 28.3 million; ... Freehold (22%) Uganda: History of efforts to enhance formal access to land in Uganda ... – PowerPoint PPT presentation

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Title: Measures to Improve Access to Land Resources and Related Benefits in Uganda


1
  • Measures to Improve Access to Land Resources and
    Related Benefits in Uganda
  • Rexford A. AheneSenior Technical Advisor
  • Land Component
  • Private Sector Competitiveness Project II

2
Uganda Population 28.3 million
Surface areas 24.3 million sq.
km.
3
Outline
  • Identify principal land access concerns in Uganda
  • Evaluate the impact of some practical interim
    steps taken to minimize these concerns
  • Outline long term measures currently underway to
    improve access

4
Access from whose perspective?
  • From a land governance perspective
  • Physical infrastructure for inclusive land
    administration
  • Legal framework that assures security of tenure
    for all legal land holders
  • Processes that facilitate efficient land
    transactions (titling, transfers, etc.)
  • Institutions that assure fair and equitable
    enforcement of contracts.
  • From a land market and/or private sector
    perspective
  • Availability of suitable land and land use
    information
  • Security of ownership and/or property rights
  • Time saving land use and/or development
    procedures
  • Consistent treatment of all competitors (level
    playing field)
  • Secure expectation of benefits from investment

5
Impediments to access
  • inadequate property information,
  • difficulty identifying legitimate owners,
  • obstacles to registering property rights
  • bureaucratic procedures
  • corrupt and unfair pricing.

6
Dominant Land Tenure Regimes in Uganda
Green Customary (50)
Beige Mailo (28)
Blue Native Freehold (22)
7
Uganda History of efforts to enhance formal
access to land in Uganda
  • Colonial Intervention 1900 1940
  • Buganda Agreement 1900
  • Ankole Agreement 1902
  • Tororo Agreement 1903
  • Creation of Lands and Survey and appointment of
    Chief Surveyor 1901
  • First Mailo title registered on 2nd Jan. 1909
  • Survey School established in 1910
  • Registration of Titles Ordinance passed in 1924
  • By 1940, the Land Registration System was already
    clogged by too many claims of paper acres.

8
Tenure and Access Concerns
  • Customary tenure areas
  • Lineage group membership restrictions
  • Communal ownership with usufructuary rights
  • Land rights allocated specific to function or
    group
  • Trans-generational rights to land protected
  • Transmission designed to keep land resources
    within the community, lineage and family.

9
Customary tenure areas ..
  • Traditional framework has been weakened but
    remains remarkably adaptive to changing
    circumstances.
  • Increasing overall insecurity (59 in the 2008
    Acholi and Lango study)
  • Frequency of disputes due to obscure boundary
    demarcations (34)
  • Competition due to economic pressure (land
    scarcity 15)
  • Moving rapidly towards privatized ownership (62
    Teso region)
  • Increases inequality for women, children and
    other vulnerable groups

10
Tenure and Access Concerns
  • Mailo tenure areas
  • Feudal tenure system superimposed over the
    existing customary tenure system by the British
    colonial administration from 1900 - 1903.
  • Original customary land owners became statutory
    occupants or Kibanja holders (tenants recognized
    as bonafide occupants) by the 1998 Land Act.
  • Landlords (Bibanja holders) cannot utilize land
    without evicting tenants.
  • Eviction of tenants require payment of
    compensation to all lawful or bonafide occupants.
  • A kibanja holder has the option of purchasing
    land to become a landlord

11
Mailo tenure areas ..
  • Impact on land access
  • With the protection provided by the law, kibanja
    holders have no incentive to become landlords.
  • The tenure system effectively blocks large tracts
    of prime land from entering the market
  • Land owners cannot effectively utilize their land
    without evictions
  • System impedes orderly planning and development.
  • Land Act Amendments designed to protect tenants
    from forced evictions

12
To support the de-facto evolution of
transferable private rights in land.
  • Involves the creation of a legal and
    institutional framework for
  • Expansion of clearly defined private/community
    property rights
  • Ability to freely assign rights of ownership
  • Right to transfer some or all rights through
    private contracts to other persons (by sale,
    lease, inheritance, etc.)
  • Focus attention of owners on finding the most
    profitable investment opportunities for their
    properties
  • Incentive to achieve higher economic and social
    returns from better land stewardship.

13
Long legacy of neglect
  • Near total neglect due to civil unrest from and
    political uncertainty 1980 1990.
  • Lack of Adequate Personnel
  • Lack of Adequate Financial Resources
  • Limited storage space and mutilation of records.

14
Shortcomings of the Kampala Mailo Registry before
rehabilitation
Mutilated Title Certificates
Remnants of a cadastral index map
15
Some preliminary interventions
  • Studies Carried Out between 1990 and 2004
  • Report on the Land Registration Procedure and the
    Land Registry 1990
  • Rehabilitation and Development of Land Survey and
    Registration 1990
  • Base for a Land Information System in Uganda
    Swede Survey (1996)
  • Design and Development of GIS including Uganda
    Spatial Data Infrastructure 2001
  • Review of the Status of LIS 2003
  • Detailed Plan for LIS Design, Development and
    Implementation in Uganda 2004
  • Digital Mapping Initiatives
  • Kampala Mapping Project (Digital mapping with
    cadastral capability) 1994
  • CAMPUS Project Mapping from satellite images,
    1995 1997
  • Records Reorganization (USAID/ GoU / KCC),
    2002 2003

16
Shortcomings of the Land Registration
systems1909 - present
  • Only 18 of land owners have registered title or
    certificate. Most land holders in Uganda have no
    documentary evidence of their property rights.
  • Registry business processes fails to provide the
    economy of information needed to make informed
    decisions.
  • Existing records storage and management system is
    archaic, manually managed and in very bad shape.
  • Search and verification of claims is slow and
    prone to errors
  • Service delivery is slow, corrupt and unreliable.
  • Impact
  • The entire process make land risky as collateral
    security for loans and a barrier to investments.

17
Shortcomings of the land market
  • Land management and real estate professions are
    not well established.
  • Absence of reliable land information makes land
    transactions difficult, risky and prone to
    principal-agent problems
  • Financial intermediaries (Banks and mortgage
    finance institutions) are forced to assume higher
    than competitive risk
  • Land market information gap creates distortions
    that makes it impossible to efficiently assess
    market risk.
  • Contributes to an unregulated market environment
    susceptible to graft and criminal activities.

18
Difficulty using land as collateral
  • High volume of undocumented land holders limit
    access to credit and is a hindrance to enterprise
    growth.
  • Financial institutions face high lending risk and
    high loan administration cost due to poor quality
    collateral.
  • 20 average borrowing cost for small and medium
    firms
  • 2-4.7 for land mostly foreign firms
  • Collateral insecurity contributes to a culture
    that does not penalize non payment of loans
  • The absence of a reliable cadastre makes it
    difficult to establish clear property rights or
    to exploit the full collateral value of land

19
Framework for land sector reforms
Measures to Improve Access
  • The Land Sector Strategic Plan (LSSP) 2001-2011
  • To implement the provisions of the Land Act 2008
  • A New National Land Policy
  • Resolve the land use impasse between registered
    Mailo tenure owners and lawful bona fide
    occupants
  • Improve access for private investments in
    progressive agriculture and urban development.
  • Modernize and decentralize the Land Registration
    system
  • Develop and Land Information System to support
    the land market
  • Two focal LSSP activities with direct impact on
    land access
  • A new National land Policy (2003)
  • Private Sector Competitiveness Project II (
    effective 2005)

20
1. Land Policy measures to improve access to
land
  • Goal
  • To develop a modern Land Registration
    system, supported by an integrated, spatially
    referenced land information system to serve the
    needs of a fast growing economy.
  • Guiding principles
  • To re-examine, secure and clarify the land tenure
    system
  • To instill confidence in land as an asset able to
    contribute competitively to development.
  • Encourage access and investments as a tool for
    reducing poverty
  • Ensure equity and justice in access and
    management of land as an important human right
  • Develop and sustain mechanisms for efficient,
    transparent and participatory land governance.

21
2. Land Component of the Private Sector
Competitiveness Project (5 year project
currently at mid-term)
  • Core objectives
  • To comprehensively restore the integrity of
    Ugandas Land Registration system
  • To modernize and enhance the ability of the land
    sector to deliver services commensurate with the
    need of the economy
  • To establish a modern Land Information System and
    Land Records Archiving system for posterity
  • To develop the institutional capacity and human
    capital required to ensure inclusive access,
    equity and social justice.
  • To decentralize land services closer to the
    people
  • Goal
  • To eliminate land-based constraints to Ugandas
    private sector competitiveness, thereby encourage
    investment and alleviate poverty.

22
Principal sub-components of the Land Project?
  • Rehabilitation and modernization of a 21 Land
    Registry offices
  • Construction and Establishment of
  • Land Information System and an LIS Center
  • Storage and Archival Center for Land Records
  • Rehabilitation and Reopening of the School of
    Surveying and Land management.
  • Up-dating of Un-surveyed Mailo inheritance
    subdivision titles, including legal aid for
    adjudication and possible use of systematic
    demarcation in customary tenure areas.

23
Other PSCP II Land Services Delivery Improvement
Activities
  • Re-establishment of the National Geodetic Control
    framework and Harmonization of overlapping
    surveys, including and Geo-referencing.
  • Systematic Adjudication, Demarcation, Surveying
    and Registration of Customary Land Rights
  • Piloting methodology completed in 2 Districts
    (av. 16,000 titles issued)
  • Comprehensive Inventory of all Government Land
  • Training and Human Resource Development for the
    Land Sector
  • Public Education, Mass Sensitization and
    communication program for policies, laws and
    activities of the project

24
Land Registry Modernization Interim Records
Rehabilitation and Basic Computerization
  • Multi-phased activity
  • Interim Records Rehabilitation and Preliminary
    Design of the Land Information System
  • Strategy for Securing Land Records since
    November 2006
  • Interim Training of Land Registrars and Records
    Officers started in Kampala as part of Mailo and
    Leasehold Registry decongestion exercises in 2007
  • Standardization in the collection and processing
    of land information
  • Speed up the processes of first registration of
    title
  • Decrease the cost and space required for storing
    land records
  • Prevent unnecessary duplication enhance security
    of records
  • Simplify the preparation of "disaster" copies of
    registers
  • Facilitate accesses to land-related data and
    improve their distribution

25
SORTING AND REORGANIZATION
26
Interim records rehabilitation and basic
computerization
27
Archival preservation
28
Impact of rehabilitation on service
delivery(2007-2008 monthly average)
Item Type of Transaction With Rehabilitation Average Time required to complete Av. Time required before Rehab.
1. New title Certificates 1,237 1 day 3 weeks
2. Land Transfers 1,368.5 1 day 3 months
3. Mortgage of Land 356 1-3 days 2-3 months
4. Mutations / Subdivisions 467 2-3 days 1 year
5. Caveats ( Withdrawn) 75 ( 28) 1 day /1 day 2-3 days
6. Probate / Administration 84 1 week Sometimes 1 month
7. All Other transactions 47.5 1-3 days
29
Land transactions recorded 1999 2008. Kampala
Leasehold and Mailo Registry average 4,500
transactions /month since 2006.
30
Design and Development -Uganda Land Information
System
  • Multi-phased activity focusing on Information
    for land administration i.e. information on land
    rights, land use and land valuation.
  • Phase I Preliminary Design of the Land
    Information System
  • Strategy for Securing of Land Records completed
    October, 2007
  • Phase II Detailed Design, Installation and Pilot
    Implementation to start June, 2010 - 2012
  • program will train and pilot LIS in 6 Districts
    with the highest volume of land transactions over
    two years.
  • Phase III LIS Roll-out and Cadastral Information
    Decentralization to include 8-16 more districts
    over 3 - 7 years (to 2018).

31
Land Information System Cadastral Layer
32
(No Transcript)
33
Local access to reliable land informationCadastr
al Information Branch Centers
34
Expected LIS and Benefits
  • Standardization in the collection and processing
    of land information
  • Speed up first registration of customary land
    holdings
  • Decrease the cost and space required for storing
    land records
  • Prevent unnecessary duplication enhance security
    of records
  • Simplify the preparation of "disaster" copies of
    registers
  • Facilitate accesses to land-related data and
    improve their distribution

35
Pilot Systematic Demarcation
  • A method of identifying, ascertaining, and
    recording of the existing land rights in the
    given administrative area
  • The method is systematic leaves no gaps
    (everybodys land is demarcated)
  • Development of cost effective methodology,
    sensitization and community participation
    techniques. Tested Oct, 2006- June 2007.
  • Full scale pilots by Private sector firms to
    start in July 2009.
  • Expected Output Mass adjudication with legal aid
    for conflict resolution, Demarcation, titling and
    registration of customary land rights.

36
Revision Harmonization of Land Laws
  • Contract to a local consulting Law Firm started
    July 3, 2007 for 10 months.
  • Full scale review of all land related laws -
    currently on-going
  • Process timed to benefit from the Land Policy
    reforms
  • Purpose
  • Revise and harmonize existing laws (including the
    Survey Act) with the new Land Act and other
    Legislative Framework
  • Draft new laws and regulations for LIS, Estate
    Agents, Government Land and Archiving of Land
    Records
  • Conduct public/stakeholder dialogue/consultation
    and workshops (target groups and national).

37
Reopening the School of Surveying
  • Rehabilitation of 2 dormitories by Min. of
    Education completed in June 2006
  • Construction of new 3 Classroom Block is due to
    be completed in April, 2009
  • New modern survey and land management curriculum
    development, accreditation and business plan
    completed November, 2007
  • PSCP-II funding for capacity building,
    rehabilitation and retooling of the school is
    designed to support a modern problem-based
    Curriculum and Strategic Business Plan
  • 148 students (52 Surveying, 20 Cartography, 40
    Land Administration, 26 Physical Planning)
    admitted since October 2006.

38
Established 1910 Abandoned in 1995
39
Survey School refurbished and reopened in 2006
40
Public information messages
41
Public education posters
42
Expected long term benefits1. Ministry of
Lands, Housing and Urban Dev.
  • A reduction in the time required to register,
    collect and compile land information, and to
    search the land registry for property
    transactions.
  • An improvement in the quality and consistency of
    land information available to support public and
    private investment decisions and planning
    functions.
  • A reliable access to property information,
    efficient storage and maintenance of land
    information at a lower cost for the land sector.
  • A faster and fully decentralized delivery of
    primary and secondary land services to the public.

43
Expected impact and land access2. Private
investors and developers
  • An enabling law regulating real estate agents
    which will formalize and institutionalize the
    role of such agencies in accessing and managing
    land and real property information in support of
    Ugandas development
  • An increase confidence in the real estate agents
    and mortgage finance organizations, private
    developers, brokers, etc.
  • Clearly enhanced role for brokers, agents and
    property insurance companies and surveying and
    land management professionals as service
    providers in the land market.

44
Expected impacts3. Banking and Financial Sector
  • Improved access and ability to utilize the LIS to
    verify property information for handling
    mortgages, loans, credits, etc.
  • Better collateral security and efficiency in
    completing real estate transactions
  • Improved working relationship with the Land
    Registry, Banks and other financial
    intermediaries operating in the land market.

45
Expected impacts4. Municipal and District
Councils
  • Physical planning process and land use zoning
    requirements can be easily verified and enforced.
  • Spatial data for managing local land developments
    integrated with socio economic data to inform
    local planning and development schemes.
  • The creation of a fiscal cadastre containing
    valuation and property tax information, and other
    fees and taxes to enable equitable and efficient
    administration of taxes without duplication of
    data capture.
  • The process from planning to property formation
    will be accelerated.

46
Overall Benefits of Improving Ugandas Land
Access
  • To Be More Responsive to the needs of citizens
    and business clients
  • Increase data access and transparency, and to
    eliminate fraudulent practices
  • Introduce new land administration technologies
  • Easy electronic exchange of data and Information
  • Efficiency benefits include
  • Maximizing use of land asset as collateral for
    development,
  • Lower transaction costs by avoiding duplication,
    fraud and illegal dealings,
  • Lower investment risk and better public/private
    sector decision making
  • Better custodianship of records
  • Equitable and inclusive access to land
    information for all

47
Remaining Challenges
  • Existing data is incomplete and not easily
    accessible, Not up-to-date and lack documentation
    on their accuracy and reliability
  • Fear of what lies in the future Low leadership
    and staff support for land administration
    reforms,
  • Fear of conversion to full computerization etc. -
    at cross-roads.
  • Staff capacity limitations and inadequate
    technical skills
  • Resistance to changes that support transparent
    service delivery.

48
  • Thank you.
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