LAND ADMINISTRATION REFORM: MEETING PEOPLE

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LAND ADMINISTRATION REFORM MEETING PEOPLES
ASPIRATIONS

• DR W. ODAME LARBI
• PROJECT DIRECTOR
• GHANA LAND ADMINISTRATION PROJECT

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OUTLINE

• Introduction
• Land tenure and economic development
• Overview of land ownership in Ghana
• Land tenure constraints
• The Ghana National Land Policy
• The Ghana Land Administration Project
• Challenges in implementation of the Project
• Conclusion

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INTRODUCTION

• Efficient land tenure systems are recognised as
  key to socio-economic development in developing
  countries
• Many countries are embarking on various reform
  initiatives
• Ghana is one of the countries pursuing reforms

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LAND TENURE AND ECONOMIC DEVELOPMENT

• Land is a key asset for economic activities of
  the poor
• Provides better access to credit
• Secured rights key for households asset
  ownership
• Poorly defined property rights is expensive in
  enforcement

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Land Tenure and Econ Devt

• Agriculture contributes significantly to economic
  growth of Ghana Contributes 38 of GDP
• Employs 45 of the active population
• Employs 60 of rural labour force
• Accounts for 75 of export earnings
• Contributes 90 of food needs
• Land issues have featured in major economic
  development programmes
• Ghana Vision 2020
• GPRS I
• GPRS II
• Multi-Donor Budget Support (MDBS)
• Millennium Challenge Account (MCA/MiDA)
• Problems always identified but minimal solutions

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OVERVIEW OF LAND OWNERSHIP IN GHANA

• Customary lands (78) include Stool/skin lands,
  clan lands, family lands etc.
• State lands 20
• Vested lands (split ownership) 2

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LAND TENURE CONSTRAINTS

• Weak land administration system characterised by
  fragmented institutions
• General indiscipline in the land market
• Indeterminate boundaries of customary owned lands
  stools, skins, families, etc.
• Outstanding issues from compulsory acquisition of
  large tracts of land
• Lack of consultation with landowners
• Lack of consultation, coordination and
  cooperation among public sector land agencies
• Ad hoc approaches to solving the land constraints

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Land tenure constraints

• RESULTS
• Inadequate security of tenure
• Loss of livelihoods
• Difficult accessibility to land
• Confusion over ownership of some lands
• Tension between the state and customary
  authorities

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THE GHANA NATIONAL LAND POLICY

• Formulated through participatory processes over a
  period of 5 years (1994 1999)
• Consultations with traditional authorities,
  farmers organisations, academia, public sector
  institutions, researchers, govt authorities, etc.
• National workshop in 1997
• The first comprehensive approach at dealing with
  the land tenure constraints

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National Land Policy - Goal

• Overall long-term goal is to stimulate economic
  development, reduce poverty and promote social
  stability by improving security of land tenure,
  simplifying the process for accessing land and
  making it fair, transparent and efficient,
  developing the land market and fostering prudent
  land management practices.

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National Land Policy - Objectives

• Ensure the maintenance of Ghanas international
  boundaries
• Ensure proper management of shared water bodies
  for mutual benefit
• Ensure consistency of socio-economic activities
  with sound land use planning
• Facilitate equitable access to land
• Protect land owners and their descendants from
  becoming landless
• Ensure prompt payment of compensation for
  compulsorily acquired lands
• Instill discipline and order into the land market

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National Land Policy Objectives

• Minimise and where possible eliminate land
  boundary disputes
• Create and maintain effective institutional
  capacity at national, regional, district and
  community levels
• Promote community participation and public
  awareness in sustainable land management
• Promote research
• Ensure continuous public education on land
  matters

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National Land Policy Intervention areas

• Securing Ghanas international boundaries and
  shared water resources
• Facilitating equitable access to land
• Security of tenure and protection of land rights
• Ensuring sustainable land use
• Human resource development

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THE LAND ADMINISTRATION PROGRAM

• LONG TERM OBJECTIVES
• To reduce poverty and enhance social and economic
  growth
• Improving security of tenure
• Simplifying processes of land acquisition
• Fostering prudent land management practices
• Developing the land market
• Establishing an efficient and sustainable system
  of land administration, both state and customary
• Based on clear, coherent, and consistent polices
  and laws supported by appropriate institutional
  structures
• Implementation in five-year phases over 15-25
  years

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THE LAND ADMINISTRATION PROJECT (LAP-1)

• LAP-1 is from 2004 2008
• Objective is to lay the foundation for the
  establishment of a self-sustaining land
  administration system that is fair, efficient,
  decentralised, transparent, cost effective and
  capable of enhancing land tenure security.
• Four Components
• Harmonizing land policy and regulatory framework
• Institutional Reform and development
• Improving Land titling, Registration, Valuation,
  Land Use Planning and Land information system
• Project Management, Human Resource Development
  and Monitoring and Evaluation

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PROGRESS IN IMPLEMENTATION

• All laws on land (ownership, tenure,
  administration, etc) reviewed by consultants and
  proposals made for consolidation and update
• Cabinet approval for all laws to be consolidated
  into two one for institutional reforms and the
  other for a new land act
• A new Lands Commission Act drafted and public
  consultations begun
• Cabinet approval for dealing with outstanding
  issues of compulsory acquisition
• Inventory of all state acquired/occupied lands
  completed in one administrative region
• Inventory of backlog of land cases in the courts
  completed

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Progress in implementation

• Institutional reform proposals submitted and
  approved by Cabinet
• 10 customary land secretariats established/strengt
  hened to improve customary land administration
• Private sector surveyors trained in modern
  surveying techniques using DPT
• Four Land Registries established to decentralise
  land registration services
• 4257 deeds registered over one year

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Deeds Registered
REGISTRY REGION DOCUMENTS REGISTERED DOCUMENTS REGISTERED DOCUMENTS REGISTERED DOCUMENTS REGISTERED DOCUMENTS REGISTERED
REGISTRY REGION MALE FEMALE JOINT OWN CORPORATE TOTAL
Sekondi Western 545 153 70 110 878
Sekondi Central 225 110 51 55 441
Kdua Eastern 707 309 171 141 1328
Kdua Volta 180 68 20 33 301
Sunyani B.A. 254 78 11 85 428
Tamale Northern 131 39 8 64 242
Tamale UER 236 69 15 21 341
Tamale UWR 224 45 5 24 298
TOTAL 2302 871 351 533 4257
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INTERMEDIATE OUTCOMES

• Reduced turn around time in deed registration
  (from gt36 months to 7 months)
• Reduced transaction costs
• 20.5 of deeds registered belonged to women
• 8.2 of deeds registered in joint ownership

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CHALLENGES

• Harmonisation in a plural environment
• Power play and change management
• Land administration reform as against Land tenure
  reform
• Participation
• Policy debates
• Management of stool land revenue
• Gender dimensions of reforms
• Rights of foreigners to acquire property
• Donor coordination

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LESSONS LEARNT

• Assumptions underlying land administration
  reforms must be well tested.
• Champions for reforms among key stakeholders must
  be sought for before implementation.
• Smaller and easy to handle projects might be
  better option than holding the bull by the horn
  all at once.
• Communication and managing expectations of
  stakeholders are absolutely essential.
• The implementation of complex reform projects as
  civil service mainstream activity, must be
  carefully weighed.

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CONCLUSION

• The processes and objectives of the land
  administration reform have been appropriately set
  within the broader context of promoting economic
  growth and measures to alleviate poverty.
• Its implementation nevertheless calls for a lot
  of innovation and drive as well as flexibility,
  which sometimes mainstream civil service
  procedures do not allow.
• The program as designed meets the aspirations of
  the people subject to continued political
  commitment and leadership.

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• Thank you for your attention.