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04-10: Land Policy Developments in Africa
Towards an efficient and effective Land Administration System: The case of Ghana’s legislative Reform; Lessons and Challenges
MINISTRY OF LANDS AND NATURAL RESOURCES, Ghana
Ghana started a legislative reform of its Land Administration System in 2003. The reforms emanate from its National Land Policy which came into effect in 1999 identified about 166 pieces of legislation (including subsidiary legislation) that formed the legal framework for land administration. These were variously described as inadequate, conflicting, overlapping or outdated. In other words, the substantive land law remained in a highly unsatisfactory state, being derived from varied sources which can be excessively complex, difficult to ascertain and sometimes based on uncertain principles. Other land tenure arrangements including the management of family lands, the menace of landguards and existence of customary land secretariats as structures at the local level were without any legal framework.
The paper discusses the approach, methodology and innovation adopted to enact the Land and Land Use and Spatial Planning Bills and the New key provisions introduced. It draws lessons for other countries, especially those in Africa.
The South African Land Observatory – The Establishment of a Multi-stakeholder Platform for Multi-level Evidence-based Decision-making on Land in South Africa
1University of Pretoria, South Africa; 2International Land Coalition
This paper proposes an in-depth technical outline and a critical assessment of the implementation of the South African Land Observatory (SALO). The goal of the SALO is to facilitate evidence-based and inclusive decision-making over land resources in South Africa by generating, analyzing and making available land-based information and by widening participation to all stakeholders. Given the experiences within the different programs of land tenure, redistribution and restitution in South Africa, it is important to gather information that will address identified challenges/concerns in each locality, as well as identify what is necessary for effective land reform to occur. To address these and other questions, the establishment and development of well-coordinated information and data gathering, useful to all stakeholders and aiming at supporting evidence-based decision-making is essential.
Using LGAF as a basis for land policy dialogue and monitoring progress
NIRAS/LGAF Ethiopia Country Coordinator, Ethiopia
Implementation of LGAF in Ethiopia has been initiated in September 2014. Information related to nine themes are collected from existing record, administrative reports, existing policies and legal frameworks and from review of institutional setups at federal and regional levels by nine professional experts assigned for each thematic area/panel. Background reports had been reviewed by many, which includes the country coordinator, World Bank expert responsibly for the process, Technical Advisory Group (TAG) established for the purpose under LGAF Africa secretariat, three national senior experts appointed to review three themes each of them, and national senior experts participated in panel sessions and validation workshop. The validation workshop had been conducted in December 2015 that marked the end of the assessment process. Although recommendations are given in each thematic/panel areas, they are not presented in a prioritized order. It may be difficult to implement all recommendations at once due to various limiting factors. Hence, it is absolutely essential to make prioritization of recommendations. The country report does not include roadmap to frame implementation of recommendations in a step by step manner. Therefore, prioritization workshop had been organized 14 - 16 February 2017 and recommendations are prioritized. Formulation of roadmap will follow.To be completed
Delivering Land Administration Service At Scale Through Major Land Reforms- Malawi`s Experience
Ministry of Lands, Housing and Urban Development
Malawi Government is implementing national wide land reforms to improve service delivery. The need to migrate from paper based to electronic based land records has become a priority. So far, land records for estates leases have all been digitized and has revealed alot of things. Meanwhile, a performance survey of these estates is also underway to investigate more in terms of how they have been performing with respect to productivity . Government is also planning field verification to ensure that the degitized data is indeed reflecting the true picture on the ground before enforcement of breach of covenants can commence. These activities have been implemented with support from Agriculture Sector Wide Approach - Support Project financed by the World Bank. These records are now in a database and can easily be accessed as opposed to the paper based records. Moreover, the captured data has revealed that most of the leases on estates have expired and many owners of these estates are not paying ground rent accordingly. This project has really assisted Government to plan effectively in terms of making underutilized land available to investors in agriculture sector. This is part of the major national wide land related reforms underway in Malawi